Sen. Heather Steans
Filed: 4/26/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4623
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4623, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Public-Private Partnerships for Transportation Act. | ||||||
7 | Section 5. Public policy and legislative intent. | ||||||
8 | (a) It is the public policy of the State of Illinois to | ||||||
9 | promote the development, financing, and operation of | ||||||
10 | transportation facilities that serve the needs of the public. | ||||||
11 | (b) Existing methods of procurement and financing of | ||||||
12 | transportation facilities by transportation agencies impose | ||||||
13 | limitations on the methods by which transportation facilities | ||||||
14 | may be developed and operated within the State. | ||||||
15 | (c) Authorizing transportation agencies to enter into | ||||||
16 | public-private partnerships, whereby private entities may |
| |||||||
| |||||||
1 | develop, operate, and finance transportation facilities, has | ||||||
2 | the potential to promote the development of transportation | ||||||
3 | facilities in the State as well as investment in the State. | ||||||
4 | (d) It is the intent of this Act to promote public-private | ||||||
5 | partnerships for transportation by authorizing transportation | ||||||
6 | agencies to enter into public-private agreements related to the | ||||||
7 | development, operation, and financing of transportation | ||||||
8 | facilities. | ||||||
9 | (e) It is the intent of this Act to encourage the practice | ||||||
10 | of congestion pricing in connection with toll highways, | ||||||
11 | pursuant to which higher toll rates are charged during times or | ||||||
12 | in locations of most congestion. | ||||||
13 | (f) It is the intent of this Act to use Illinois design | ||||||
14 | professionals, construction companies, and workers to the | ||||||
15 | greatest extent possible by offering them the right to compete | ||||||
16 | for this work. | ||||||
17 | Section 10. Definitions. As used in this Act: | ||||||
18 | "Approved proposal" means the proposal that is approved by | ||||||
19 | the transportation agency pursuant to subsection (e) of Section | ||||||
20 | 20 of this Act. | ||||||
21 | "Approved proposer" means the private entity whose | ||||||
22 | proposal is the approved proposal. | ||||||
23 | "Authority" means the Illinois State Toll Highway | ||||||
24 | Authority. | ||||||
25 | "Contractor" means a private entity that has entered into a |
| |||||||
| |||||||
1 | public-private agreement with the transportation agency to | ||||||
2 | provide services to or on behalf of the transportation agency. | ||||||
3 | "Department" means the Illinois Department of | ||||||
4 | Transportation. | ||||||
5 | "Develop" or "development" means to do one or more of the | ||||||
6 | following: plan, design, develop, lease, acquire, install, | ||||||
7 | construct, reconstruct, rehabilitate, extend, or expand. | ||||||
8 | "Maintain" or "maintenance" includes ordinary maintenance, | ||||||
9 | repair, rehabilitation, capital maintenance, maintenance | ||||||
10 | replacement, and any other categories of maintenance that may | ||||||
11 | be designated by the transportation agency. | ||||||
12 | "Metropolitan planning organization" means a metropolitan | ||||||
13 | planning organization designated under 23 U.S.C. Section 134 | ||||||
14 | whose metropolitan planning area boundaries are partially or | ||||||
15 | completely within the State. | ||||||
16 | "Operate" or "operation" means to do one or more of the | ||||||
17 | following: maintain, improve, equip, modify, or otherwise | ||||||
18 | operate. | ||||||
19 | "Private entity" means any combination of one or more | ||||||
20 | individuals, corporations, general partnerships, limited | ||||||
21 | liability companies, limited partnerships, joint ventures, | ||||||
22 | business trusts, nonprofit entities, or other business | ||||||
23 | entities that are parties to a proposal for a transportation | ||||||
24 | project or an agreement related to a transportation project. A | ||||||
25 | public agency may provide services to a contractor as a | ||||||
26 | subcontractor or subconsultant without affecting the private |
| |||||||
| |||||||
1 | status of the private entity and the ability to enter into a | ||||||
2 | public-private agreement. | ||||||
3 | "Proposal" means all materials and documents prepared by or | ||||||
4 | on behalf of a private entity relating to the proposed | ||||||
5 | development, financing, or operation of a transportation | ||||||
6 | facility as a transportation project. | ||||||
7 | "Proposer" means a private entity that has submitted a | ||||||
8 | proposal or statement of qualifications for a public-private | ||||||
9 | agreement in response to a request for proposals or a request | ||||||
10 | for qualifications issued by a transportation agency under this | ||||||
11 | Act. | ||||||
12 | "Public-private agreement" means the public-private | ||||||
13 | agreement between the contractor and the transportation agency | ||||||
14 | relating to one or more of the development, financing, or | ||||||
15 | operation of a transportation project that is entered into | ||||||
16 | under this Act. | ||||||
17 | "Request for information" means all materials and | ||||||
18 | documents prepared by or on behalf of the transportation agency | ||||||
19 | to solicit information from private entities with respect to | ||||||
20 | transportation projects. | ||||||
21 | "Request for proposals" means all materials and documents | ||||||
22 | prepared by or on behalf of the transportation agency to | ||||||
23 | solicit proposals from private entities to enter into a | ||||||
24 | public-private agreement. | ||||||
25 | "Request for qualifications" means all materials and | ||||||
26 | documents prepared by or on behalf of the transportation agency |
| |||||||
| |||||||
1 | to solicit statements of qualification from private entities to | ||||||
2 | enter into a public-private agreement. | ||||||
3 | "Revenues" means all revenues, including any combination | ||||||
4 | of: income; earnings and interest; user fees; lease payments; | ||||||
5 | allocations; federal, State, and local appropriations, grants, | ||||||
6 | loans, lines of credit, and credit guarantees; bond proceeds; | ||||||
7 | equity investments; service payments; or other receipts; | ||||||
8 | arising out of or in connection with a transportation project, | ||||||
9 | including the development, financing, and operation of a | ||||||
10 | transportation project. The term includes money received as | ||||||
11 | grants, loans, lines of credit, credit guarantees, or otherwise | ||||||
12 | in aid of a transportation project from the federal government, | ||||||
13 | the State, a unit of local government, or any agency or | ||||||
14 | instrumentality of the federal government, the State, or a unit | ||||||
15 | of local government. | ||||||
16 | "Transportation agency" means (i) the Department, (ii) the | ||||||
17 | Authority, or (iii), with respect to an existing airport, an | ||||||
18 | airport authority created and established under the Airport | ||||||
19 | Authorities Act owning and operating the airport. | ||||||
20 | "Transportation facility" means (i) any new or existing | ||||||
21 | road, highway, toll highway, bridge, tunnel, intermodal | ||||||
22 | facility, intercity or high-speed passenger rail, or other | ||||||
23 | transportation facility or infrastructure, excluding airports, | ||||||
24 | under the jurisdiction of the Department or the Authority, or | ||||||
25 | (ii) any existing airport owned and operated by an airport | ||||||
26 | authority created and established under the Airport |
| |||||||
| |||||||
1 | Authorities Act. The term "transportation facility" may refer | ||||||
2 | to one or more transportation facilities that are proposed to | ||||||
3 | be developed or operated as part of a single transportation | ||||||
4 | project. | ||||||
5 | "Transportation project" or "project" means any or the | ||||||
6 | combination of the development, financing, or operation with | ||||||
7 | respect to all or a portion of any transportation facility | ||||||
8 | under the jurisdiction of the transportation agency, | ||||||
9 | undertaken pursuant to this Act. | ||||||
10 | "Unit of local government" has the meaning ascribed to that | ||||||
11 | term in Article VII, Section 1 of the Constitution of the State | ||||||
12 | of Illinois and also means any unit designated as a municipal | ||||||
13 | corporation. | ||||||
14 | "User fees" or "tolls" means the rates, tolls, fees, or | ||||||
15 | other charges imposed by the contractor for use of all or a | ||||||
16 | portion of a transportation project under a public-private | ||||||
17 | agreement. | ||||||
18 | Section 15. Formation of public-private agreements; | ||||||
19 | project planning. | ||||||
20 | (a) Each transportation agency may exercise the powers | ||||||
21 | granted by this Act to do some or all of develop, finance, and | ||||||
22 | operate any part of one or more transportation projects through | ||||||
23 | public-private agreements with one or more private entities. | ||||||
24 | The net proceeds arising out of a transportation project or | ||||||
25 | public-private agreement undertaken by the Department pursuant |
| |||||||
| |||||||
1 | to this Act shall be deposited into the State Construction | ||||||
2 | Account Fund. The net proceeds arising out of a transportation | ||||||
3 | project or public-private agreement undertaken by the | ||||||
4 | Authority pursuant to this Act shall be deposited into the | ||||||
5 | Illinois State Toll Highway Authority Fund and shall be used | ||||||
6 | only as authorized by Section 23 of the Toll Highway Act. | ||||||
7 | (b) The Authority shall not enter into a public-private | ||||||
8 | agreement involving a lease or other transfer of any toll | ||||||
9 | highway, or portions thereof, under the Authority's | ||||||
10 | jurisdiction which were open to vehicular traffic on the | ||||||
11 | effective date of this Act. The Authority shall not enter into | ||||||
12 | a public-private agreement for the purpose of making roadway | ||||||
13 | improvements, including but not limited to reconstruction, | ||||||
14 | adding lanes, and adding ramps, to any toll highway, or | ||||||
15 | portions thereof, under the Authority's jurisdiction which | ||||||
16 | were open to vehicular traffic on the effective date of this | ||||||
17 | Act. The Authority may enter into a public-private partnership | ||||||
18 | to develop, finance, and operate new toll highways authorized | ||||||
19 | by the Governor and the General Assembly pursuant to Section | ||||||
20 | 14.1 of the Toll Highway Act, non-highway transportation | ||||||
21 | projects on the toll highway system such as commuter rail or | ||||||
22 | high-speed rail lines, and intelligent transportation | ||||||
23 | infrastructure that will enhance the safety, efficiency, and | ||||||
24 | environmental quality of the toll highway system. | ||||||
25 | (c) A contractor has: | ||||||
26 | (1) all powers allowed by law generally to a private |
| |||||||
| |||||||
1 | entity having the same form of organization as the | ||||||
2 | contractor; and | ||||||
3 | (2) the power to develop, finance, and operate the | ||||||
4 | transportation facility and to impose user fees in | ||||||
5 | connection with the use of the transportation facility, | ||||||
6 | subject to the terms of the public-private agreement. | ||||||
7 | No tolls or user fees may be imposed by the contractor | ||||||
8 | except as set forth in a public-private agreement. | ||||||
9 | (d) Each year, at least 30 days prior to the beginning of | ||||||
10 | the transportation agency's fiscal year, and at other times the | ||||||
11 | transportation agency deems necessary, the Department and the | ||||||
12 | Authority shall submit for review to the General Assembly a | ||||||
13 | description of potential projects that the transportation | ||||||
14 | agency is considering undertaking under this Act. Any | ||||||
15 | submission from the Authority shall indicate which of its | ||||||
16 | potential projects, if any, will involve the proposer operating | ||||||
17 | the transportation facility for a period of one year or more. | ||||||
18 | Prior to the issuance of any request for qualifications or | ||||||
19 | request for proposals with respect to any potential project | ||||||
20 | undertaken by the Department or the Authority pursuant to | ||||||
21 | Section 20 of this Act, the commencement of a procurement | ||||||
22 | process for that particular potential project shall be | ||||||
23 | authorized by joint resolution of the General Assembly. | ||||||
24 | (e) Each year, at least 30 days prior to the beginning of | ||||||
25 | the transportation agency's fiscal year, the transportation | ||||||
26 | agency shall submit a description of potential projects that |
| |||||||
| |||||||
1 | the transportation agency is considering undertaking under | ||||||
2 | this Act to each county, municipality, and metropolitan | ||||||
3 | planning organization, with respect to each project located | ||||||
4 | within its boundaries. | ||||||
5 | (f) Any project undertaken under this Act shall be subject | ||||||
6 | to all applicable planning requirements otherwise required by | ||||||
7 | law, including land use planning, regional planning, | ||||||
8 | transportation planning, and environmental compliance | ||||||
9 | requirements. | ||||||
10 | (g) Any new transportation facility developed as a project | ||||||
11 | under this Act must be consistent with the regional plan then | ||||||
12 | in existence of any metropolitan planning organization in whose | ||||||
13 | boundaries the project is located. | ||||||
14 | Section 20. Procurement process. | ||||||
15 | (a) A transportation agency seeking to enter into a | ||||||
16 | public-private partnership with a private entity for the | ||||||
17 | development, finance, and operation of a transportation | ||||||
18 | facility as a transportation project shall determine and set | ||||||
19 | forth the criteria for the selection process. The | ||||||
20 | transportation agency shall use (i) a competitive sealed | ||||||
21 | bidding process, (ii) a competitive sealed proposal process, or | ||||||
22 | (iii) a design-build procurement process in accordance with | ||||||
23 | Section 25 of this Act. Before using one of these processes the | ||||||
24 | transportation agency may use a request for information to | ||||||
25 | obtain information relating to possible public-private |
| |||||||
| |||||||
1 | partnerships. | ||||||
2 | The selection of professional design firms by a | ||||||
3 | transportation agency or private entity shall comply with the | ||||||
4 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
5 | Based Selection Act or Section 25 of this Act. | ||||||
6 | Nothing in this Act shall preclude a public agency, | ||||||
7 | including the Department or the Authority, from submitting a | ||||||
8 | proposal to develop or operate, or to develop and operate, a | ||||||
9 | transportation facility as a transportation project. The | ||||||
10 | transportation agency shall give a proposal submitted by a | ||||||
11 | public agency equal consideration as it gives proposals | ||||||
12 | submitted by private entities, and, for that purpose, treat the | ||||||
13 | public agency as a private entity. | ||||||
14 | All procurement processes shall incorporate requirements | ||||||
15 | and set forth goals for participation by disadvantaged business | ||||||
16 | enterprises as allowed under State and federal law. | ||||||
17 | (b) The transportation agency shall establish a process for | ||||||
18 | prequalification of all potential private entities. The | ||||||
19 | transportation agency shall: (i) provide a public notice of the | ||||||
20 | prequalification process for such period as deemed appropriate | ||||||
21 | by the agency; (ii) set forth requirements and evaluation | ||||||
22 | criteria in order to become prequalified; (iii) determine which | ||||||
23 | private entities that have submitted prequalification | ||||||
24 | applications, if any, meet the requirements and evaluation | ||||||
25 | criteria; and (iv) allow only those entities that have been | ||||||
26 | prequalified to submit proposals or bids. The transportation |
| |||||||
| |||||||
1 | agency shall make publicly available on its website during the | ||||||
2 | request for qualifications period information regarding firms | ||||||
3 | that are prequalified by the transportation agency pursuant to | ||||||
4 | Section 20 of the Architectural, Engineering, and Land | ||||||
5 | Surveying Qualifications Based Selection Act to provide | ||||||
6 | architectural, engineering, and land surveying services and | ||||||
7 | shall require the use of such firms for such services. | ||||||
8 | (c) Competitive sealed bidding requirements: | ||||||
9 | (1) All contracts shall be awarded by competitive | ||||||
10 | sealed bidding except as otherwise provided in subsection | ||||||
11 | (d) of this Section and Section 25 of this Act. | ||||||
12 | (2) An invitation for bids shall be issued and shall | ||||||
13 | include a description of the public-private partnership | ||||||
14 | with a private entity for the development, finance, and | ||||||
15 | operation of a transportation facility as a transportation | ||||||
16 | project, and the material contractual terms and conditions | ||||||
17 | applicable to the procurement. | ||||||
18 | (3) Public notice of the invitation for bids shall be | ||||||
19 | published in the State of Illinois Procurement Bulletin at | ||||||
20 | least 21 days before the date set in the invitation for the | ||||||
21 | opening of bids. | ||||||
22 | (4) Bids shall be opened publicly in the presence of | ||||||
23 | one or more witnesses at the time and place designated in | ||||||
24 | the invitation for bids. The name of each bidder, the | ||||||
25 | amount of each bid, and other relevant information as may | ||||||
26 | be specified by rule shall be recorded. After the award of |
| |||||||
| |||||||
1 | the contract, the winning bid and the record of each | ||||||
2 | unsuccessful bid shall be open to public inspection. | ||||||
3 | (5) Bids shall be unconditionally accepted without | ||||||
4 | alteration or correction, except as authorized in this Act. | ||||||
5 | Bids shall be evaluated based on the requirements set forth | ||||||
6 | in the invitation for bids, which may include criteria to | ||||||
7 | determine acceptability such as inspection, testing, | ||||||
8 | quality, workmanship, delivery, and suitability for a | ||||||
9 | particular purpose. Those criteria that will affect the bid | ||||||
10 | price and be considered in evaluation for award, such as | ||||||
11 | discounts, transportation costs, and total or life cycle | ||||||
12 | costs, shall be objectively measurable. The invitation for | ||||||
13 | bids shall set forth the evaluation criteria to be used. | ||||||
14 | (6) Correction or withdrawal of inadvertently | ||||||
15 | erroneous bids before or after award, or cancellation of | ||||||
16 | awards of contracts based on bid mistakes, shall be | ||||||
17 | permitted in accordance with rules. After bid opening, no | ||||||
18 | changes in bid prices or other provisions of bids | ||||||
19 | prejudicial to the interest of the State or fair | ||||||
20 | competition shall be permitted. All decisions to permit the | ||||||
21 | correction or withdrawal of bids based on bid mistakes | ||||||
22 | shall be supported by written determination made by the | ||||||
23 | transportation agency. | ||||||
24 | (7) The contract shall be awarded with reasonable | ||||||
25 | promptness by written notice to the lowest responsible and | ||||||
26 | responsive bidder whose bid meets the requirements and |
| |||||||
| |||||||
1 | criteria set forth in the invitation for bids, except when | ||||||
2 | the transportation agency determines it is not in the best | ||||||
3 | interest of the State and by written explanation determines | ||||||
4 | another bidder shall receive the award. The explanation | ||||||
5 | shall appear in the appropriate volume of the State of | ||||||
6 | Illinois Procurement Bulletin. The written explanation | ||||||
7 | must include: | ||||||
8 | (A) a description of the agency's needs; | ||||||
9 | (B) a determination that the anticipated cost will | ||||||
10 | be fair and reasonable; | ||||||
11 | (C) a listing of all responsible and responsive | ||||||
12 | bidders; and | ||||||
13 | (D) the name of the bidder selected, pricing, and | ||||||
14 | the reasons for selecting that bidder. | ||||||
15 | (8) When it is considered impracticable to initially | ||||||
16 | prepare a purchase description to support an award based on | ||||||
17 | price, an invitation for bids may be issued requesting the | ||||||
18 | submission of unpriced offers to be followed by an | ||||||
19 | invitation for bids limited to those bidders whose offers | ||||||
20 | have been qualified under the criteria set forth in the | ||||||
21 | first solicitation. | ||||||
22 | (d) Competitive sealed proposal requirements: | ||||||
23 | (1) When the transportation agency determines in | ||||||
24 | writing that the use of competitive sealed bidding or | ||||||
25 | design-build procurement is either not practicable or not | ||||||
26 | advantageous to the State, a contract may be entered into |
| |||||||
| |||||||
1 | by competitive sealed proposals. | ||||||
2 | (2) Proposals shall be solicited through a request for | ||||||
3 | proposals. | ||||||
4 | (3) Public notice of the request for proposals shall be | ||||||
5 | published in the State of Illinois Procurement Bulletin at | ||||||
6 | least 21 days before the date set in the invitation for the | ||||||
7 | opening of proposals. | ||||||
8 | (4) Proposals shall be opened publicly in the presence | ||||||
9 | of one or more witnesses at the time and place designated | ||||||
10 | in the request for proposals, but proposals shall be opened | ||||||
11 | in a manner to avoid disclosure of contents to competing | ||||||
12 | offerors during the process of negotiation. A record of | ||||||
13 | proposals shall be prepared and shall be open for public | ||||||
14 | inspection after contract award. | ||||||
15 | (5) The requests for proposals shall state the relative | ||||||
16 | importance of price and other evaluation factors. | ||||||
17 | Proposals shall be submitted in 2 parts: (i) covering items | ||||||
18 | except price; and (ii) covering price. The first part of | ||||||
19 | all proposals shall be evaluated and ranked independently | ||||||
20 | of the second part of all proposals. | ||||||
21 | (6) As provided in the request for proposals and under | ||||||
22 | any applicable rules, discussions may be conducted with | ||||||
23 | responsible offerors who submit proposals determined to be | ||||||
24 | reasonably susceptible of being selected for award for the | ||||||
25 | purpose of clarifying and assuring full understanding of | ||||||
26 | and responsiveness to the solicitation requirements. Those |
| |||||||
| |||||||
1 | offerors shall be accorded fair and equal treatment with | ||||||
2 | respect to any opportunity for discussion and revision of | ||||||
3 | proposals. Revisions may be permitted after submission and | ||||||
4 | before award for the purpose of obtaining best and final | ||||||
5 | offers. In conducting discussions there shall be no | ||||||
6 | disclosure of any information derived from proposals | ||||||
7 | submitted by competing offerors. If information is | ||||||
8 | disclosed to any offeror, it shall be provided to all | ||||||
9 | competing offerors. | ||||||
10 | (7) Awards shall be made to the responsible offeror | ||||||
11 | whose proposal is determined in writing to be the most | ||||||
12 | advantageous to the State, taking into consideration price | ||||||
13 | and the evaluation factors set forth in the request for | ||||||
14 | proposals. The contract file shall contain the basis on | ||||||
15 | which the award is made. | ||||||
16 | (e) In the case of a proposal or proposals to the | ||||||
17 | Department or the Authority, the transportation agency shall | ||||||
18 | determine, based on its review and evaluation of the proposal | ||||||
19 | or proposals received in response to the request for proposals, | ||||||
20 | which one or more proposals, if any, best serve the public | ||||||
21 | purpose of this Act and satisfy the criteria set forth in the | ||||||
22 | request for proposals and, with respect to such proposal or | ||||||
23 | proposals, shall: | ||||||
24 | (1) submit the proposal or proposals to the Commission | ||||||
25 | on Government Forecasting and Accountability, which, | ||||||
26 | within 20 days of submission by the transportation agency, |
| |||||||
| |||||||
1 | shall complete a review of the proposal or proposals and | ||||||
2 | report on the value of the proposal or proposals to the | ||||||
3 | State; | ||||||
4 | (2) hold one or more public hearings on the proposal or | ||||||
5 | proposals, publish notice of the hearing or hearings at | ||||||
6 | least 7 days before the hearing, and include the following | ||||||
7 | in the notice: (i) the date, time, and place of the hearing | ||||||
8 | and the address of the transportation agency, (ii) the | ||||||
9 | subject matter of the hearing, (iii) a description of the | ||||||
10 | agreement to be awarded, (iv) the determination made by the | ||||||
11 | transportation agency that such proposal or proposals best | ||||||
12 | serve the public purpose of this Act and satisfy the | ||||||
13 | criteria set forth in the request for proposals, and (v) | ||||||
14 | that the public may be heard on the proposal or proposals | ||||||
15 | during the public hearing; and | ||||||
16 | (3) determine whether or not to recommend to the | ||||||
17 | Governor that the Governor approve the proposal or | ||||||
18 | proposals. | ||||||
19 | The Governor may approve one or more proposals recommended | ||||||
20 | by the Department or the Authority based upon the review, | ||||||
21 | evaluation, and recommendation of the transportation agency, | ||||||
22 | the review and report of the Commission on Government | ||||||
23 | Forecasting and Accountability, the public hearing, and the | ||||||
24 | best interests of the State. | ||||||
25 | (f) In addition to any other rights under this Act, in | ||||||
26 | connection with any procurement under this Act, the following |
| |||||||
| |||||||
1 | rights are reserved to each transportation agency: | ||||||
2 | (1) to withdraw a request for information, a request | ||||||
3 | for qualifications, or a request for proposals at any time, | ||||||
4 | and to publish a new request for information, request for | ||||||
5 | qualifications, or request for proposals; | ||||||
6 | (2) to not approve a proposal for any reason; | ||||||
7 | (3) to not award a public-private agreement for any | ||||||
8 | reason; | ||||||
9 | (4) to request clarifications to any statement of | ||||||
10 | information, qualifications, or proposal received, to seek | ||||||
11 | one or more revised proposals or one or more best and final | ||||||
12 | offers, or to conduct negotiations with one or more private | ||||||
13 | entities that have submitted proposals; | ||||||
14 | (5) to modify, during the pendency of a procurement, | ||||||
15 | the terms, provisions, and conditions of a request for | ||||||
16 | information, request for qualifications, or request for | ||||||
17 | proposals or the technical specifications or form of a | ||||||
18 | public-private agreement; | ||||||
19 | (6) to interview proposers; and | ||||||
20 | (7) any other rights available to the transportation | ||||||
21 | agency under applicable law and regulations. | ||||||
22 | (g) If a proposal is approved, the transportation agency | ||||||
23 | shall execute the public-private agreement, publish notice of | ||||||
24 | the execution of the public-private agreement on its website | ||||||
25 | and in a newspaper or newspapers of general circulation within | ||||||
26 | the county or counties in which the transportation project is |
| |||||||
| |||||||
1 | to be located, and publish the entire agreement on its website. | ||||||
2 | Any action to contest the validity of a public-private | ||||||
3 | agreement entered into under this Act must be brought no later | ||||||
4 | than 60 days after the date of publication of the notice of | ||||||
5 | execution of the public-private agreement. | ||||||
6 | (h) For any transportation project with an estimated | ||||||
7 | construction cost of over $50,000,000, the transportation | ||||||
8 | agency may also require the approved proposer to pay the costs | ||||||
9 | for an independent audit of any and all traffic and cost | ||||||
10 | estimates associated with the approved proposal, as well as a | ||||||
11 | review of all public costs and potential liabilities to which | ||||||
12 | taxpayers could be exposed (including improvements to other | ||||||
13 | transportation facilities that may be needed as a result of the | ||||||
14 | approved proposal, failure by the approved proposer to | ||||||
15 | reimburse the transportation agency for services provided, and | ||||||
16 | potential risk and liability in the event the approved proposer | ||||||
17 | defaults on the public-private agreement or on bonds issued for | ||||||
18 | the project). If required by the transportation agency, this | ||||||
19 | independent audit must be conducted by an independent | ||||||
20 | consultant selected by the transportation agency, and all | ||||||
21 | information from the review must be fully disclosed. | ||||||
22 | (i) The transportation agency may also apply for, execute, | ||||||
23 | or endorse applications submitted by private entities to obtain | ||||||
24 | federal credit assistance for qualifying projects developed or | ||||||
25 | operated pursuant to this Act.
|
| |||||||
| |||||||
1 | Section 25. Design-build procurement. | ||||||
2 | (a) This Section 25 shall apply only to transportation | ||||||
3 | projects for which the Department or the Authority intends to | ||||||
4 | execute a design-build agreement, in which case the Department | ||||||
5 | or the Authority shall abide by the requirements and procedures | ||||||
6 | of this Section 25 in addition to other applicable requirements | ||||||
7 | and procedures set forth in this Act. | ||||||
8 | (b)(1) The transportation agency must issue a notice of | ||||||
9 | intent to receive proposals for the project at least 14 days | ||||||
10 | before issuing the request for the qualifications. The | ||||||
11 | transportation agency must publish the advance notice in a | ||||||
12 | daily newspaper of general circulation in the county where the | ||||||
13 | transportation agency is located. The transportation agency is | ||||||
14 | encouraged to use publication of the notice in related | ||||||
15 | construction industry service publications. A brief | ||||||
16 | description of the proposed procurement must be included in the | ||||||
17 | notice. The transportation agency must provide a copy of the | ||||||
18 | request for qualifications to any party requesting a copy. | ||||||
19 | (2) The request for qualifications shall be prepared for | ||||||
20 | each project and must contain, without limitation, the | ||||||
21 | following information: (i) the name of the transportation | ||||||
22 | agency; (ii) a preliminary schedule for the completion of the | ||||||
23 | contract; (iii) the proposed budget for the project, the source | ||||||
24 | of funds, and the currently available funds at the time the | ||||||
25 | request for proposal is submitted; (iv) prequalification | ||||||
26 | criteria for design-build entities wishing to submit proposals |
| |||||||
| |||||||
1 | (the transportation agency shall include, at a minimum, its | ||||||
2 | normal prequalification, licensing, registration, and other | ||||||
3 | requirements, but nothing contained herein precludes the use of | ||||||
4 | additional prequalification criteria by the transportation | ||||||
5 | agency); (v) material requirements of the contract, including | ||||||
6 | but not limited to, the proposed terms and conditions, required | ||||||
7 | performance and payment bonds, insurance, and the entity's plan | ||||||
8 | to comply with the utilization goals established by the | ||||||
9 | corporate authorities of the transportation agency for | ||||||
10 | minority and women business enterprises and to comply with | ||||||
11 | Section 2-105 of the Illinois Human Rights Act; (vi) the | ||||||
12 | performance criteria; (vii) the evaluation criteria for each | ||||||
13 | phase of the solicitation; and (viii) the number of entities | ||||||
14 | that will be considered for the request for proposals phase. | ||||||
15 | (3) The transportation agency may include any other | ||||||
16 | relevant information in the request for qualifications that it | ||||||
17 | chooses to supply. The private entity shall be entitled to rely | ||||||
18 | upon the accuracy of this documentation in the development of | ||||||
19 | its statement of qualifications and its proposal. | ||||||
20 | (4) The date that statements of qualifications are due must | ||||||
21 | be at least 21 calendar days after the date of the issuance of | ||||||
22 | the request for qualifications. In the event the cost of the | ||||||
23 | project is estimated to exceed $12,000,000, then the statement | ||||||
24 | of qualifications due date must be at least 28 calendar days | ||||||
25 | after the date of the issuance of the request for | ||||||
26 | qualifications. The transportation agency shall include in the |
| |||||||
| |||||||
1 | request for proposals a minimum of 30 days to develop the | ||||||
2 | proposals after the selection of entities from the evaluation | ||||||
3 | of the statements of qualifications is completed. | ||||||
4 | (c)(1) The transportation agency shall develop, with the | ||||||
5 | assistance of a licensed design professional, the request for | ||||||
6 | qualifications and the request for proposals, which shall | ||||||
7 | include scope and performance criteria. The scope and | ||||||
8 | performance criteria must be in sufficient detail and contain | ||||||
9 | adequate information to reasonably apprise the private | ||||||
10 | entities of the transportation agency's overall programmatic | ||||||
11 | needs and goals, including criteria and preliminary design | ||||||
12 | plans, general budget parameters, schedule, and delivery | ||||||
13 | requirements. | ||||||
14 | (2) Each request for qualifications and request for | ||||||
15 | proposals shall also include a description of the level of | ||||||
16 | design to be provided in the proposals. This description must | ||||||
17 | include the scope and type of renderings, drawings, and | ||||||
18 | specifications that, at a minimum, will be required by the | ||||||
19 | transportation agency to be produced by the private entities. | ||||||
20 | (3) The scope and performance criteria shall be prepared by | ||||||
21 | a design professional who is an employee of the transportation | ||||||
22 | agency, or the transportation agency may contract with an | ||||||
23 | independent design professional selected under the | ||||||
24 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
25 | Based Selection Act to provide these services. | ||||||
26 | (4) The design professional that prepares the scope and |
| |||||||
| |||||||
1 | performance criteria is prohibited from participating in any | ||||||
2 | private entity proposal for the project. | ||||||
3 | (d)(1) The transportation agency must use a two phase | ||||||
4 | procedure for the selection of the successful design-build | ||||||
5 | entity. The request for qualifications phase will evaluate and | ||||||
6 | shortlist the private entities based on qualifications, and the | ||||||
7 | request for proposals will evaluate the technical and cost | ||||||
8 | proposals. | ||||||
9 | (2) The transportation agency shall include in the request | ||||||
10 | for qualifications the evaluating factors to be used in the | ||||||
11 | request for qualifications phase. These factors are in addition | ||||||
12 | to any prequalification requirements of private entities that | ||||||
13 | the transportation agency has set forth. Each request for | ||||||
14 | qualifications shall establish the relative importance | ||||||
15 | assigned to each evaluation factor and subfactor, including any | ||||||
16 | weighting of criteria to be employed by the transportation | ||||||
17 | agency. The transportation agency must maintain a record of the | ||||||
18 | evaluation scoring to be disclosed in event of a protest | ||||||
19 | regarding the solicitation. | ||||||
20 | The transportation agency shall include the following | ||||||
21 | criteria in every request for qualifications phase evaluation | ||||||
22 | of private entities: (i) experience of personnel; (ii) | ||||||
23 | successful experience with similar project types; (iii) | ||||||
24 | financial capability; (iv) timeliness of past performance; (v) | ||||||
25 | experience with similarly sized projects; (vi) successful | ||||||
26 | reference checks of the firm; (vii) commitment to assign |
| |||||||
| |||||||
1 | personnel for the duration of the project and qualifications of | ||||||
2 | the entity's consultants; and (viii) ability or past | ||||||
3 | performance in meeting or exhausting good faith efforts to meet | ||||||
4 | the utilization goals for business enterprises established in | ||||||
5 | the Business Enterprise for Minorities, Females, and Persons | ||||||
6 | with Disabilities Act and in complying with Section 2-105 of | ||||||
7 | the Illinois Human Rights Act. No proposal shall be considered | ||||||
8 | that does not include an entity's plan to comply with the | ||||||
9 | requirements established in the minority and women business | ||||||
10 | enterprises and economically disadvantaged firms established | ||||||
11 | by the corporate authorities of the transportation agency and | ||||||
12 | with Section 2-105 of the Illinois Human Rights Act. The | ||||||
13 | transportation agency may include any additional relevant | ||||||
14 | criteria in the request for qualifications phase that it deems | ||||||
15 | necessary for a proper qualification review. | ||||||
16 | Upon completion of the qualifications evaluation, the | ||||||
17 | transportation agency shall create a shortlist of the most | ||||||
18 | highly qualified private entities. | ||||||
19 | The transportation agency shall notify the entities | ||||||
20 | selected for the shortlist in writing. This notification shall | ||||||
21 | commence the period for the preparation of the request for | ||||||
22 | proposals phase technical and cost evaluations. The | ||||||
23 | transportation agency must allow sufficient time for the | ||||||
24 | shortlist entities to prepare their proposals considering the | ||||||
25 | scope and detail requested by the transportation agency. | ||||||
26 | (3) The transportation agency shall include in the request |
| |||||||
| |||||||
1 | for proposals the evaluating factors to be used in the | ||||||
2 | technical and cost submission components. Each request for | ||||||
3 | proposals shall establish, for both the technical and cost | ||||||
4 | submission components, the relative importance assigned to | ||||||
5 | each evaluation factor and subfactor, including any weighting | ||||||
6 | of criteria to be employed by the transportation agency. The | ||||||
7 | transportation agency must maintain a record of the evaluation | ||||||
8 | scoring to be disclosed in event of a protest regarding the | ||||||
9 | solicitation. | ||||||
10 | The transportation agency shall include the following | ||||||
11 | criteria in every request for proposals phase technical | ||||||
12 | evaluation of private entities: (i) compliance with objectives | ||||||
13 | of the project; (ii) compliance of proposed services to the | ||||||
14 | request for proposal requirements; (iii) quality of products or | ||||||
15 | materials proposed; (iv) quality of design parameters; (v) | ||||||
16 | design concepts; (vi) innovation in meeting the scope and | ||||||
17 | performance criteria; and (vii) constructability of the | ||||||
18 | proposed project. The transportation agency may include any | ||||||
19 | additional relevant technical evaluation factors it deems | ||||||
20 | necessary for proper selection. | ||||||
21 | The transportation agency shall include the following | ||||||
22 | criteria in every request for proposals phase cost evaluation: | ||||||
23 | the total project cost and the time of completion. The | ||||||
24 | transportation agency may include any additional relevant | ||||||
25 | technical evaluation factors it deems necessary for proper | ||||||
26 | selection. The guaranteed maximum project cost criteria |
| |||||||
| |||||||
1 | weighing factor shall not exceed 30%. | ||||||
2 | The transportation agency shall directly employ or retain a | ||||||
3 | licensed design professional to evaluate the technical and cost | ||||||
4 | submissions to determine if the technical submissions are in | ||||||
5 | accordance with generally accepted industry standards. | ||||||
6 | (e) Statements of qualifications and proposals must be | ||||||
7 | properly identified and sealed. Statements of qualifications | ||||||
8 | and proposals may not be reviewed until after the deadline for | ||||||
9 | submission has passed as set forth in the request for | ||||||
10 | qualifications or the request for proposals. All private | ||||||
11 | entities submitting statements of qualifications or proposals | ||||||
12 | shall be disclosed after the deadline for submission, and all | ||||||
13 | private entities who are selected for request for proposals | ||||||
14 | phase evaluation shall also be disclosed at the time of that | ||||||
15 | determination. | ||||||
16 | Phase II design-build proposals shall include a bid bond in | ||||||
17 | the form and security as designated in the request for | ||||||
18 | proposals. Proposals shall also contain a separate sealed | ||||||
19 | envelope with the cost information within the overall proposal | ||||||
20 | submission. Proposals shall include a list of all design | ||||||
21 | professionals and other entities to which any work identified | ||||||
22 | in Section 30-30 of the Illinois Procurement Code as a | ||||||
23 | subdivision of construction work may be subcontracted during | ||||||
24 | the performance of the contract. | ||||||
25 | Statements of qualifications and proposals must meet all | ||||||
26 | material requirements of the request for qualifications or |
| |||||||
| |||||||
1 | request for proposals, or else they may be rejected as | ||||||
2 | non-responsive. The transportation agency shall have the right | ||||||
3 | to reject any and all statements of qualifications and | ||||||
4 | proposals. | ||||||
5 | The drawings and specifications of any unsuccessful | ||||||
6 | statement of qualifications or proposal shall remain the | ||||||
7 | property of the private entity. | ||||||
8 | The transportation agency shall review the statements of | ||||||
9 | qualifications and the proposals for compliance with the | ||||||
10 | performance criteria and evaluation factors. | ||||||
11 | Statements of qualifications and proposals may be | ||||||
12 | withdrawn prior to the due date and time for submissions for | ||||||
13 | any cause. After evaluation begins by the transportation | ||||||
14 | agency, clear and convincing evidence of error is required for | ||||||
15 | withdrawal. | ||||||
16 | Section 30. Interim agreements. | ||||||
17 | (a) Prior to or in connection with the negotiation of the | ||||||
18 | public-private agreement, the transportation agency may enter | ||||||
19 | into an interim agreement with the approved proposer. Such | ||||||
20 | interim agreement may: | ||||||
21 | (1) permit the approved proposer to commence | ||||||
22 | activities relating to a proposed project as the | ||||||
23 | transportation agency and the approved proposer shall | ||||||
24 | agree to and for which the approved proposer may be | ||||||
25 | compensated, including, but not limited to, project |
| |||||||
| |||||||
1 | planning, advance right-of-way acquisition, design and | ||||||
2 | engineering, environmental analysis and mitigation, | ||||||
3 | survey, conducting transportation and revenue studies, and | ||||||
4 | ascertaining the availability of financing for the | ||||||
5 | proposed facility or facilities; | ||||||
6 | (2) establish the process and timing of the exclusive | ||||||
7 | negotiation of a public-private agreement with an approved | ||||||
8 | proposer; | ||||||
9 | (3) require that in the event the transportation agency | ||||||
10 | determines not to proceed with a project after the approved | ||||||
11 | proposer and the transportation agency have executed an | ||||||
12 | interim agreement, and thereby terminates the interim | ||||||
13 | agreement or declines to proceed with negotiation of a | ||||||
14 | public-private agreement with an approved proposer, the | ||||||
15 | transportation agency shall pay to the approved proposer | ||||||
16 | certain fees and costs incurred by the approved proposer; | ||||||
17 | (4) establish the ownership in the State or in the | ||||||
18 | Authority of the concepts and designs in the event of | ||||||
19 | termination of the interim agreement; | ||||||
20 | (5) establish procedures for the selection of | ||||||
21 | professional design firms and subcontractors, which shall | ||||||
22 | include procedures consistent with the Architectural, | ||||||
23 | Engineering, and Land Surveying Qualifications Based | ||||||
24 | Selection Act for the selection of design professional | ||||||
25 | firms and may include, in the discretion of the | ||||||
26 | transportation agency, procedures consistent with the low |
| |||||||
| |||||||
1 | bid procurement procedures outlined in the Illinois | ||||||
2 | Procurement Code for the selection of construction | ||||||
3 | companies; and | ||||||
4 | (6) contain any other provisions related to any aspect | ||||||
5 | of the transportation project that the parties may deem | ||||||
6 | appropriate. | ||||||
7 | (b) A transportation agency may enter into an interim | ||||||
8 | agreement with multiple approved proposers if the | ||||||
9 | transportation agency determines in writing that it is in the | ||||||
10 | public interest to do so. | ||||||
11 | (c) The approved proposer shall select firms that are | ||||||
12 | prequalified by the transportation agency pursuant to Section | ||||||
13 | 20 of the Architectural, Engineering, and Land Surveying | ||||||
14 | Qualifications Based Selection Act to provide architectural, | ||||||
15 | engineering, and land surveying services to undertake | ||||||
16 | activities related to the transportation project. | ||||||
17 | Section 35. Public-private agreements. | ||||||
18 | (a) Unless undertaking actions otherwise permitted in an | ||||||
19 | interim agreement entered into under Section 30 of this Act, | ||||||
20 | before developing, financing, or operating the transportation | ||||||
21 | project, the approved proposer shall enter into a | ||||||
22 | public-private agreement with the transportation agency. | ||||||
23 | Subject to the requirements of this Act, a public-private | ||||||
24 | agreement may provide that the approved proposer, acting on | ||||||
25 | behalf of the transportation agency, is partially or entirely |
| |||||||
| |||||||
1 | responsible for any combination of developing, financing, or | ||||||
2 | operating the transportation project under terms set forth in | ||||||
3 | the public-private agreement. | ||||||
4 | (b) The public-private agreement may, as determined | ||||||
5 | appropriate by the transportation agency for the particular | ||||||
6 | transportation project, provide for some or all of the | ||||||
7 | following: | ||||||
8 | (1) Construction, financing, and operation of the | ||||||
9 | transportation project under terms set forth in the | ||||||
10 | public-private agreement, in any form as deemed | ||||||
11 | appropriate by the transportation agency, including, but | ||||||
12 | not limited to, a long-term concession and lease, a | ||||||
13 | design-bid-build agreement, a design-build agreement, a | ||||||
14 | design-build-maintain agreement, a | ||||||
15 | design-build-operate-maintain agreement and a | ||||||
16 | design-build-finance-operate-maintain agreement. | ||||||
17 | (2) Delivery of performance and payment bonds or other | ||||||
18 | performance security determined suitable by the | ||||||
19 | transportation agency, including letters of credit, United | ||||||
20 | States bonds and notes, parent guaranties, and cash | ||||||
21 | collateral, in connection with the development, financing, | ||||||
22 | or operation of the transportation project, in the forms | ||||||
23 | and amounts set forth in the public-private agreement or | ||||||
24 | otherwise determined as satisfactory by the transportation | ||||||
25 | agency to protect the transportation agency and payment | ||||||
26 | bond beneficiaries who have a direct contractual |
| |||||||
| |||||||
1 | relationship with the contractor or a subcontractor of the | ||||||
2 | contractor to supply labor or material. The payment or | ||||||
3 | performance bond or alternative form of performance | ||||||
4 | security is not required for the portion of a | ||||||
5 | public-private agreement that includes only design, | ||||||
6 | planning, or financing services, the performance of | ||||||
7 | preliminary studies, or the acquisition of real property. | ||||||
8 | (3) Review of plans for any development or operation, | ||||||
9 | or both, of the transportation project by the | ||||||
10 | transportation agency. | ||||||
11 | (4) Inspection of any construction of or improvements | ||||||
12 | to the transportation project by the transportation agency | ||||||
13 | or another entity designated by the transportation agency | ||||||
14 | or under the public-private agreement to ensure that the | ||||||
15 | construction or improvements conform to the standards set | ||||||
16 | forth in the public-private agreement or are otherwise | ||||||
17 | acceptable to the transportation agency. | ||||||
18 | (5) Maintenance of: | ||||||
19 | (A) one or more policies of public liability | ||||||
20 | insurance (copies of which shall be filed with the | ||||||
21 | transportation agency accompanied by proofs of | ||||||
22 | coverage); or | ||||||
23 | (B) self-insurance; | ||||||
24 | each in form and amount as set forth in the public-private | ||||||
25 | agreement or otherwise satisfactory to the transportation | ||||||
26 | agency as reasonably sufficient to insure coverage of tort |
| |||||||
| |||||||
1 | liability to the public and employees and to enable the | ||||||
2 | continued operation of the transportation project. | ||||||
3 | (6) Where operations are included within the | ||||||
4 | contractor's obligations under the public-private | ||||||
5 | agreement, monitoring of the maintenance practices of the | ||||||
6 | contractor by the transportation agency or another entity | ||||||
7 | designated by the transportation agency or under the | ||||||
8 | public-private agreement and the taking of the actions the | ||||||
9 | transportation agency finds appropriate to ensure that the | ||||||
10 | transportation project is properly maintained. | ||||||
11 | (7) Reimbursement to be paid to the transportation | ||||||
12 | agency as set forth in the public-private agreement for | ||||||
13 | services provided by the transportation agency. | ||||||
14 | (8) Filing of appropriate financial statements and | ||||||
15 | reports as set forth in the public-private agreement or as | ||||||
16 | otherwise in a form acceptable to the transportation agency | ||||||
17 | on a periodic basis. | ||||||
18 | (9) Compensation or payments to the contractor. | ||||||
19 | Compensation or payments may include any or a combination | ||||||
20 | of the following: | ||||||
21 | (A) a base fee and additional fee for project | ||||||
22 | savings as the design-builder of a construction | ||||||
23 | project; | ||||||
24 | (B) a development fee, payable on a lump-sum basis, | ||||||
25 | progress payment basis, time and materials basis, or | ||||||
26 | another basis deemed appropriate by the transportation |
| |||||||
| |||||||
1 | agency; | ||||||
2 | (C) an operations fee, payable on a lump-sum basis, | ||||||
3 | time and material basis, periodic basis, or another | ||||||
4 | basis deemed appropriate by the transportation agency; | ||||||
5 | (D) some or all of the revenues, if any, arising | ||||||
6 | out of operation of the transportation project; | ||||||
7 | (E) a maximum rate of return on investment or | ||||||
8 | return on equity or a combination of the two; | ||||||
9 | (F) in-kind services, materials, property, | ||||||
10 | equipment, or other items; | ||||||
11 | (G) compensation in the event of any termination; | ||||||
12 | (H) availability payments or similar arrangements | ||||||
13 | whereby payments are made to the contractor pursuant to | ||||||
14 | the terms set forth in the public-private agreement or | ||||||
15 | related agreements; or | ||||||
16 | (I) other compensation set forth in the | ||||||
17 | public-private agreement or otherwise deemed | ||||||
18 | appropriate by the transportation agency. | ||||||
19 | (10) Compensation or payments to the transportation | ||||||
20 | agency, if any. Compensation or payments may include any or | ||||||
21 | a combination of the following: | ||||||
22 | (A) a concession or lease payment or other fee, | ||||||
23 | which may be payable upfront or on a periodic basis or | ||||||
24 | on another basis deemed appropriate by the | ||||||
25 | transportation agency; | ||||||
26 | (B) sharing of revenues, if any, from the operation |
| |||||||
| |||||||
1 | of the transportation project; | ||||||
2 | (C) sharing of project savings from the | ||||||
3 | construction of the transportation project; | ||||||
4 | (D) payment for any services, materials, | ||||||
5 | equipment, personnel, or other items provided by the | ||||||
6 | transportation agency to the contractor under the | ||||||
7 | public-private agreement or in connection with the | ||||||
8 | transportation project; or | ||||||
9 | (E) other compensation set forth in the | ||||||
10 | public-private agreement or otherwise deemed | ||||||
11 | appropriate by the transportation agency. | ||||||
12 | (11) The date and terms of termination of the | ||||||
13 | contractor's authority and duties under the public-private | ||||||
14 | agreement and the circumstances under which the | ||||||
15 | contractor's authority and duties may be terminated prior | ||||||
16 | to that date. | ||||||
17 | (12) Reversion of the transportation project to the | ||||||
18 | transportation agency at the termination or expiration of | ||||||
19 | the public-private agreement. | ||||||
20 | (13) Rights and remedies of the transportation agency | ||||||
21 | in the event that the contractor defaults or otherwise | ||||||
22 | fails to comply with the terms of the public-private | ||||||
23 | agreement. | ||||||
24 | (14) Procedures for the selection of professional | ||||||
25 | design firms and subcontractors, which shall include | ||||||
26 | procedures consistent with the Architectural, Engineering, |
| |||||||
| |||||||
1 | and Land Surveying Qualifications Based Selection Act for | ||||||
2 | the selection of professional design firms and may include, | ||||||
3 | in the discretion of the transportation agency, procedures | ||||||
4 | consistent with the low bid procurement procedures | ||||||
5 | outlined in the Illinois Procurement Code for the selection | ||||||
6 | of construction companies. | ||||||
7 | (15) Other terms, conditions, and provisions that the | ||||||
8 | transportation agency believes are in the public interest. | ||||||
9 | (c) The transportation agency may fix and revise the | ||||||
10 | amounts of user fees that a contractor may charge and collect | ||||||
11 | for the use of any part of a transportation project in | ||||||
12 | accordance with the public-private agreement. In fixing the | ||||||
13 | amounts, the transportation agency may establish maximum | ||||||
14 | amounts for the user fees and may provide that the maximums and | ||||||
15 | any increases or decreases of those maximums shall be based | ||||||
16 | upon the indices, methodologies, or other factors the | ||||||
17 | transportation agency considers appropriate. | ||||||
18 | (d) A public-private agreement may: | ||||||
19 | (1) authorize the imposition of tolls in any manner | ||||||
20 | determined appropriate by the transportation agency for | ||||||
21 | the transportation project; | ||||||
22 | (2) authorize the contractor to adjust the user fees | ||||||
23 | for the use of the transportation project, so long as the | ||||||
24 | amounts charged and collected by the contractor do not | ||||||
25 | exceed the maximum amounts established by the | ||||||
26 | transportation agency under this Act; |
| |||||||
| |||||||
1 | (3) provide that any adjustment by the contractor | ||||||
2 | permitted under paragraph (2) of this subsection (d) may be | ||||||
3 | based on the indices, methodologies, or other factors | ||||||
4 | described in the public-private agreement or approved by | ||||||
5 | the transportation agency; | ||||||
6 | (4) authorize the contractor to charge and collect user | ||||||
7 | fees through methods, including, but not limited to, | ||||||
8 | automatic vehicle identification systems, electronic toll | ||||||
9 | collection systems, and, to the extent permitted by law, | ||||||
10 | global positioning system-based, photo-based, or | ||||||
11 | video-based toll collection enforcement, provided that to | ||||||
12 | the maximum extent feasible the contractor will (i) utilize | ||||||
13 | open road tolling methods that allow payment of tolls at | ||||||
14 | highway speeds and (ii) comply with United States | ||||||
15 | Department of Transportation requirements and best | ||||||
16 | practices with respect to tolling methods; and | ||||||
17 | (5) authorize the collection of user fees by a third | ||||||
18 | party. | ||||||
19 | (e) In the public-private agreement, the transportation | ||||||
20 | agency may agree to make grants or loans for the development or | ||||||
21 | operation, or both, of the transportation project from time to | ||||||
22 | time from amounts received from the federal government or any | ||||||
23 | agency or instrumentality of the federal government or from any | ||||||
24 | State or local agency. | ||||||
25 | (f) Upon the termination or expiration of the | ||||||
26 | public-private agreement, including a termination for default, |
| |||||||
| |||||||
1 | the transportation agency shall have the right to take over the | ||||||
2 | transportation project and to succeed to all of the right, | ||||||
3 | title, and interest in the transportation project, subject to | ||||||
4 | any liens on revenues previously granted by the contractor to | ||||||
5 | any person providing financing for the transportation project. | ||||||
6 | Upon termination or expiration of the public-private agreement | ||||||
7 | relating to a transportation project undertaken by the | ||||||
8 | Department, all real property acquired as a part of the | ||||||
9 | transportation project shall be held in the name of the State | ||||||
10 | of Illinois. Upon termination or expiration of the | ||||||
11 | public-private agreement relating to a transportation project | ||||||
12 | undertaken by the Authority, all real property acquired as a | ||||||
13 | part of the transportation project shall be held in the name of | ||||||
14 | the Authority. | ||||||
15 | (g) If a transportation agency elects to take over a | ||||||
16 | transportation project as provided in subsection (f) of this | ||||||
17 | Section, the transportation agency may do the following: | ||||||
18 | (1) develop, finance, or operate the project, | ||||||
19 | including through a public-private agreement entered into | ||||||
20 | in accordance with this Act; or | ||||||
21 | (2) impose, collect, retain, and use user fees, if any, | ||||||
22 | for the project. | ||||||
23 | (h) If a transportation agency elects to take over a | ||||||
24 | transportation project as provided in subsection (f) of this | ||||||
25 | Section, the transportation agency may use the revenues, if | ||||||
26 | any, for any lawful purpose, including to: |
| |||||||
| |||||||
1 | (1) make payments to individuals or entities in | ||||||
2 | connection with any financing of the transportation | ||||||
3 | project, including through a public-private agreement | ||||||
4 | entered into in accordance with this Act; | ||||||
5 | (2) permit a contractor to receive some or all of the | ||||||
6 | revenues under a public-private agreement entered into | ||||||
7 | under this Act; | ||||||
8 | (3) pay development costs of the project; | ||||||
9 | (4) pay current operation costs of the project or | ||||||
10 | facilities; | ||||||
11 | (5) pay the contractor for any compensation or payment | ||||||
12 | owing upon termination; and | ||||||
13 | (6) pay for the development, financing, or operation of | ||||||
14 | any other project or projects the transportation agency | ||||||
15 | deems appropriate. | ||||||
16 | (i) The full faith and credit of the State or any political | ||||||
17 | subdivision of the State or the transportation agency is not | ||||||
18 | pledged to secure any financing of the contractor by the | ||||||
19 | election to take over the transportation project. Assumption of | ||||||
20 | development or operation, or both, of the transportation | ||||||
21 | project does not obligate the State or any political | ||||||
22 | subdivision of the State or the transportation agency to pay | ||||||
23 | any obligation of the contractor. | ||||||
24 | (j) The transportation agency may enter into a | ||||||
25 | public-private agreement with multiple approved proposers if | ||||||
26 | the transportation agency determines in writing that it is in |
| |||||||
| |||||||
1 | the public interest to do so. | ||||||
2 | (k) A public-private agreement shall not include any | ||||||
3 | provision under which the transportation agency agrees to | ||||||
4 | restrict or to provide compensation to the private entity for | ||||||
5 | the construction or operation of a competing transportation | ||||||
6 | facility during the term of the public-private agreement. | ||||||
7 | (l) With respect to a public-private agreement entered into | ||||||
8 | by the Department, the Department shall certify in its State | ||||||
9 | budget request to the Governor each year the amount required by | ||||||
10 | the Department during the next State fiscal year to enable the | ||||||
11 | Department to make any payment obligated to be made by the | ||||||
12 | Department pursuant to that public-private agreement, and the | ||||||
13 | Governor shall include that amount in the State budget | ||||||
14 | submitted to the General Assembly. | ||||||
15 | Section 40. Development and operations standards for | ||||||
16 | transportation projects. | ||||||
17 | (a) The plans and specifications, if any, for each project | ||||||
18 | developed under this Act must comply with: | ||||||
19 | (1) the transportation agency's standards for other | ||||||
20 | projects of a similar nature or as otherwise provided in | ||||||
21 | the public-private agreement; | ||||||
22 | (2) the Professional Engineering Practice Act of 1989, | ||||||
23 | the Structural Engineering Practice Act of 1989, the | ||||||
24 | Illinois Architecture Practice Act of 1989, the | ||||||
25 | requirements of Section 30-22 of the Illinois Procurement |
| |||||||
| |||||||
1 | Code as they apply to responsible bidders, and the Illinois | ||||||
2 | Professional Land Surveyor Act of 1989; and | ||||||
3 | (3) any other applicable State or federal standards. | ||||||
4 | (b) Each highway project constructed or operated under this | ||||||
5 | Act is considered to be part of: | ||||||
6 | (1) the State highway system for purposes of | ||||||
7 | identification, maintenance standards, and enforcement of | ||||||
8 | traffic laws if the highway project is under the | ||||||
9 | jurisdiction of the Department; or | ||||||
10 | (2) the toll highway system for purposes of | ||||||
11 | identification, maintenance standards, and enforcement of | ||||||
12 | traffic laws if the highway project is under the | ||||||
13 | jurisdiction of the Authority. | ||||||
14 | (c) Any unit of local government or State agency may enter | ||||||
15 | into agreements with the contractor for maintenance or other | ||||||
16 | services under this Act. | ||||||
17 | (d) Any electronic toll collection system used on a toll | ||||||
18 | highway, bridge, or tunnel as part of a transportation project | ||||||
19 | must be compatible with the electronic toll collection system | ||||||
20 | used by the Authority. The Authority is authorized to | ||||||
21 | construct, operate, and maintain any electronic toll | ||||||
22 | collection system used on a toll highway, bridge, or tunnel as | ||||||
23 | part of a transportation project pursuant to an agreement with | ||||||
24 | the transportation agency or the contractor responsible for the | ||||||
25 | transportation project. |
| |||||||
| |||||||
1 | Section 45. Financial arrangements. | ||||||
2 | (a) The transportation agency may do any combination of | ||||||
3 | applying for, executing, or endorsing applications submitted | ||||||
4 | by private entities to obtain federal, State, or local credit | ||||||
5 | assistance for transportation projects developed, financed, or | ||||||
6 | operated under this Act, including loans, lines of credit, and | ||||||
7 | guarantees. | ||||||
8 | (b) The transportation agency may take any action to obtain | ||||||
9 | federal, State, or local assistance for a transportation | ||||||
10 | project that serves the public purpose of this Act and may | ||||||
11 | enter into any contracts required to receive the federal | ||||||
12 | assistance. The transportation agency may determine that it | ||||||
13 | serves the public purpose of this Act for all or any portion of | ||||||
14 | the costs of a transportation project to be paid, directly or | ||||||
15 | indirectly, from the proceeds of a grant or loan, line of | ||||||
16 | credit, or loan guarantee made by a local, State, or federal | ||||||
17 | government or any agency or instrumentality of a local, State, | ||||||
18 | or federal government. Such assistance may include, but not be | ||||||
19 | limited to, federal credit assistance pursuant to the | ||||||
20 | Transportation Infrastructure Finance and Innovation Act | ||||||
21 | (TIFIA). | ||||||
22 | (c) The transportation agency may agree to make grants or | ||||||
23 | loans for the development, financing, or operation of a | ||||||
24 | transportation project from time to time, from amounts received | ||||||
25 | from the federal, State, or local government or any agency or | ||||||
26 | instrumentality of the federal, State, or local government. |
| |||||||
| |||||||
1 | (d) Any financing of a transportation project may be in the | ||||||
2 | amounts and upon the terms and conditions that are determined | ||||||
3 | by the parties to the public-private agreement. | ||||||
4 | (e) For the purpose of financing a transportation project, | ||||||
5 | the contractor and the transportation agency may do the | ||||||
6 | following: | ||||||
7 | (1) propose to use any and all revenues that may be | ||||||
8 | available to them; | ||||||
9 | (2) enter into grant agreements; | ||||||
10 | (3) access any other funds available to the | ||||||
11 | transportation agency; and | ||||||
12 | (4) accept grants from the transportation agency or | ||||||
13 | other public or private agency or entity. | ||||||
14 | (f) For the purpose of financing a transportation project, | ||||||
15 | public funds may be used and mixed and aggregated with funds | ||||||
16 | provided by or on behalf of the contractor or other private | ||||||
17 | entities. | ||||||
18 | (g) For the purpose of financing a transportation project, | ||||||
19 | each transportation agency is authorized to do any combination | ||||||
20 | of applying for, executing, or endorsing applications for an | ||||||
21 | allocation of tax-exempt bond financing authorization provided | ||||||
22 | by Section 142(m) of the United States Internal Revenue Code, | ||||||
23 | as well as financing available under any other federal law or | ||||||
24 | program. | ||||||
25 | (h) Any bonds, debt, or other securities or other financing | ||||||
26 | issued for the purposes of this Act shall not be deemed to |
| |||||||
| |||||||
1 | constitute a debt of the State or any political subdivision of | ||||||
2 | the State or a pledge of the faith and credit of the State or | ||||||
3 | any political subdivision of the State. | ||||||
4 | Section 50. Acquisition of property. | ||||||
5 | (a) The transportation agency may exercise any power of | ||||||
6 | condemnation or eminent domain, including quick-take powers, | ||||||
7 | that it has under law, including, in the case of the | ||||||
8 | Department, all powers for acquisition of property rights | ||||||
9 | granted it in the Illinois Highway Code, for the purpose of | ||||||
10 | acquiring any lands or estates or interests in land for a | ||||||
11 | transportation project to the extent provided in the | ||||||
12 | public-private agreement or otherwise to the extent that the | ||||||
13 | transportation agency finds that the action serves the public | ||||||
14 | purpose of this Act and deems it appropriate in the exercise of | ||||||
15 | its powers under this Act. | ||||||
16 | (b) The transportation agency and a contractor may enter | ||||||
17 | into the leases, licenses, easements, and other grants of | ||||||
18 | property interests that the transportation agency determines | ||||||
19 | necessary to carry out this Act. | ||||||
20 | Section 55. Labor. | ||||||
21 | (a) In order to protect the wages, working conditions, and | ||||||
22 | job opportunities of employees employed by the contractor | ||||||
23 | participating in a public-private agreement related to a | ||||||
24 | transportation project, the contractor and any subcontractor |
| |||||||
| |||||||
1 | retained to perform such work shall be required to pay to | ||||||
2 | employees an amount not less than the economic equivalent of | ||||||
3 | the standard of wages and benefits enjoyed by the | ||||||
4 | transportation agency's employees who would have otherwise | ||||||
5 | performed that work. The contractor shall certify to the | ||||||
6 | transportation agency the amount of wages and benefits (or | ||||||
7 | their equivalent) as of the time of the public-private | ||||||
8 | agreement, and any changes to those amounts as they may occur | ||||||
9 | during the term of the agreement. All projects at the | ||||||
10 | transportation facility property shall be considered public | ||||||
11 | works for purposes of the Prevailing Wage Act. | ||||||
12 | (b) A public-private agreement related to a transportation | ||||||
13 | project pertaining to the building, altering, repairing, | ||||||
14 | maintaining, improving, or demolishing a transportation | ||||||
15 | facility shall require the contractor and all subcontractors to | ||||||
16 | comply with the requirements of Section 30-22 of the Illinois | ||||||
17 | Procurement Code as they apply to responsible bidders and to | ||||||
18 | present satisfactory evidence of that compliance to the | ||||||
19 | transportation agency, unless the transportation project is | ||||||
20 | federally funded and the application of those requirements | ||||||
21 | would jeopardize the receipt or use of federal funds in support | ||||||
22 | of the transportation project. | ||||||
23 | (c) A public-private agreement related to a transportation | ||||||
24 | project pertaining to a new transportation facility shall | ||||||
25 | require the contractor to enter into a project labor agreement | ||||||
26 | utilized by the Department. |
| |||||||
| |||||||
1 | Section 60. Law enforcement. | ||||||
2 | (a) All law enforcement officers of the State and of each | ||||||
3 | affected local jurisdiction have the same powers and | ||||||
4 | jurisdiction within the limits of the transportation facility | ||||||
5 | as they have in their respective areas of jurisdiction. | ||||||
6 | (b) Law enforcement officers shall have access to the | ||||||
7 | transportation facility at any time for the purpose of | ||||||
8 | exercising the law enforcement officers' powers and | ||||||
9 | jurisdiction. | ||||||
10 | (c) The traffic and motor vehicle laws of the State of | ||||||
11 | Illinois or, if applicable, any local jurisdiction shall be the | ||||||
12 | same as those applying to conduct on similar projects in the | ||||||
13 | State of Illinois or the local jurisdiction. | ||||||
14 | (d) Punishment for infractions and offenses shall be as | ||||||
15 | prescribed by law for conduct occurring on similar projects in | ||||||
16 | the State of Illinois or the local jurisdiction. | ||||||
17 | Section 65. Term of agreement; reversion of property to | ||||||
18 | transportation agency. | ||||||
19 | (a) The term of a public-private agreement, including all | ||||||
20 | extensions, may not exceed 99 years. | ||||||
21 | (b) The transportation agency shall terminate the | ||||||
22 | contractor's authority and duties under the public-private | ||||||
23 | agreement on the date set forth in the public-private | ||||||
24 | agreement. |
| |||||||
| |||||||
1 | (c) Upon termination of the public-private agreement, the | ||||||
2 | authority and duties of the contractor under this Act cease, | ||||||
3 | except for those duties and obligations that extend beyond the | ||||||
4 | termination, as set forth in the public-private agreement, and | ||||||
5 | all interests in the transportation facility shall revert to | ||||||
6 | the transportation agency. | ||||||
7 | Section 70. Additional powers of transportation agencies | ||||||
8 | with respect to transportation projects. | ||||||
9 | (a) Each transportation agency may exercise any powers | ||||||
10 | provided under this Act in participation or cooperation with | ||||||
11 | any governmental entity and enter into any contracts to | ||||||
12 | facilitate that participation or cooperation without | ||||||
13 | compliance with any other statute. Each transportation agency | ||||||
14 | shall cooperate with each other and with other governmental | ||||||
15 | entities in carrying out transportation projects under this | ||||||
16 | Act. | ||||||
17 | (b) Each transportation agency may make and enter into all | ||||||
18 | contracts and agreements necessary or incidental to the | ||||||
19 | performance of the transportation agency's duties and the | ||||||
20 | execution of the transportation agency's powers under this Act. | ||||||
21 | Except as otherwise required by law, these contracts or | ||||||
22 | agreements are not subject to any approvals other than the | ||||||
23 | approval of the transportation agency and may be for any term | ||||||
24 | of years and contain any terms that are considered reasonable | ||||||
25 | by the transportation agency. |
| |||||||
| |||||||
1 | (c) Each transportation agency may pay the costs incurred | ||||||
2 | under a public-private agreement entered into under this Act | ||||||
3 | from any funds available to the transportation agency under | ||||||
4 | this Act or any other statute. | ||||||
5 | (d) A transportation agency or other State agency may not | ||||||
6 | take any action that would impair a public-private agreement | ||||||
7 | entered into under this Act. | ||||||
8 | (e) Each transportation agency may enter into an agreement | ||||||
9 | between and among the contractor, the transportation agency, | ||||||
10 | and the Department of State Police concerning the provision of | ||||||
11 | law enforcement assistance with respect to a transportation | ||||||
12 | project that is the subject of a public-private agreement under | ||||||
13 | this Act. | ||||||
14 | (f) Each transportation agency is authorized to enter into | ||||||
15 | arrangements with the Department of State Police related to | ||||||
16 | costs incurred in providing law enforcement assistance under | ||||||
17 | this Act. | ||||||
18 | Section 75. Prohibited local action. A unit of local | ||||||
19 | government may not take any action that would have the effect | ||||||
20 | of impairing a public-private agreement under this Act, | ||||||
21 | provided that this Section 75 shall not diminish any existing | ||||||
22 | police power or other power provided by law to a unit of local | ||||||
23 | government. | ||||||
24 | Section 80. Powers liberally construed. The powers |
| |||||||
| |||||||
1 | conferred by this Act shall be liberally construed in order to | ||||||
2 | accomplish their purposes and shall be in addition and | ||||||
3 | supplemental to the powers conferred by any other law. If any | ||||||
4 | other law or rule is inconsistent with this Act, this Act is | ||||||
5 | controlling as to any public-private agreement entered into | ||||||
6 | under this Act. | ||||||
7 | Section 85. Full and complete authority. This Act contains | ||||||
8 | full and complete authority for agreements and leases with | ||||||
9 | private entities to carry out the activities described in this | ||||||
10 | Act. Except as otherwise required by law, no procedure, | ||||||
11 | proceedings, publications, notices, consents, approvals, | ||||||
12 | orders, or acts by the transportation agency or any other State | ||||||
13 | or local agency or official are required to enter into an | ||||||
14 | agreement or lease. | ||||||
15 | Section 905. The Department of Transportation Law of the
| ||||||
16 | Civil Administrative Code of Illinois is amended by adding | ||||||
17 | Section 2705-220 as follows: | ||||||
18 | (20 ILCS 2705/2705-220 new) | ||||||
19 | Sec. 2705-220. Public-private partnerships for | ||||||
20 | transportation. The Department may exercise all powers granted | ||||||
21 | to it under the Public-Private Partnerships for Transportation | ||||||
22 | Act. |
| |||||||
| |||||||
1 | Section 910. The Illinois Finance Authority Act is amended | ||||||
2 | by adding Section 825-105 as follows: | ||||||
3 | (20 ILCS 3501/825-105 new) | ||||||
4 | Sec. 825-105. Transportation project financing. For the | ||||||
5 | purpose of financing a transportation project undertaken under | ||||||
6 | the Public-Private Partnerships for Transportation Act, the | ||||||
7 | Authority is authorized to apply for an allocation of | ||||||
8 | tax-exempt bond financing authorization provided by Section | ||||||
9 | 142(m) of the United States Internal Revenue Code, as well as | ||||||
10 | financing available under any other federal law or program. | ||||||
11 | Section 915. The Illinois Procurement Code is amended by | ||||||
12 | changing Section 1-10 as follows:
| ||||||
13 | (30 ILCS 500/1-10)
| ||||||
14 | Sec. 1-10. Application.
| ||||||
15 | (a) This Code applies only to procurements for which | ||||||
16 | contractors were first
solicited on or after July 1, 1998. This | ||||||
17 | Code shall not be construed to affect
or impair any contract, | ||||||
18 | or any provision of a contract, entered into based on a
| ||||||
19 | solicitation prior to the implementation date of this Code as | ||||||
20 | described in
Article 99, including but not limited to any | ||||||
21 | covenant entered into with respect
to any revenue bonds or | ||||||
22 | similar instruments.
All procurements for which contracts are | ||||||
23 | solicited between the effective date
of Articles 50 and 99 and |
| |||||||
| |||||||
1 | July 1, 1998 shall be substantially in accordance
with this | ||||||
2 | Code and its intent.
| ||||||
3 | (b) This Code shall apply regardless of the source of the | ||||||
4 | funds with which
the contracts are paid, including federal | ||||||
5 | assistance moneys.
This Code shall
not apply to:
| ||||||
6 | (1) Contracts between the State and its political | ||||||
7 | subdivisions or other
governments, or between State | ||||||
8 | governmental bodies except as specifically
provided in | ||||||
9 | this Code.
| ||||||
10 | (2) Grants, except for the filing requirements of | ||||||
11 | Section 20-80.
| ||||||
12 | (3) Purchase of care.
| ||||||
13 | (4) Hiring of an individual as employee and not as an | ||||||
14 | independent
contractor, whether pursuant to an employment | ||||||
15 | code or policy or by contract
directly with that | ||||||
16 | individual.
| ||||||
17 | (5) Collective bargaining contracts.
| ||||||
18 | (6) Purchase of real estate, except that notice of this | ||||||
19 | type of contract with a value of more than $25,000 must be | ||||||
20 | published in the Procurement Bulletin within 7 days after | ||||||
21 | the deed is recorded in the county of jurisdiction. The | ||||||
22 | notice shall identify the real estate purchased, the names | ||||||
23 | of all parties to the contract, the value of the contract, | ||||||
24 | and the effective date of the contract.
| ||||||
25 | (7) Contracts necessary to prepare for anticipated | ||||||
26 | litigation, enforcement
actions, or investigations, |
| |||||||
| |||||||
1 | provided
that the chief legal counsel to the Governor shall | ||||||
2 | give his or her prior
approval when the procuring agency is | ||||||
3 | one subject to the jurisdiction of the
Governor, and | ||||||
4 | provided that the chief legal counsel of any other | ||||||
5 | procuring
entity
subject to this Code shall give his or her | ||||||
6 | prior approval when the procuring
entity is not one subject | ||||||
7 | to the jurisdiction of the Governor.
| ||||||
8 | (8) Contracts for
services to Northern Illinois | ||||||
9 | University by a person, acting as
an independent | ||||||
10 | contractor, who is qualified by education, experience, and
| ||||||
11 | technical ability and is selected by negotiation for the | ||||||
12 | purpose of providing
non-credit educational service | ||||||
13 | activities or products by means of specialized
programs | ||||||
14 | offered by the university.
| ||||||
15 | (9) Procurement expenditures by the Illinois | ||||||
16 | Conservation Foundation
when only private funds are used.
| ||||||
17 | (10) Public-private agreements entered into according | ||||||
18 | to the procurement requirements of Section 20 of the | ||||||
19 | Public-Private Partnerships for Transportation Act and | ||||||
20 | design-build agreements entered into according to the | ||||||
21 | procurement requirements of Section 25 of the | ||||||
22 | Public-Private Partnerships for Transportation Act. | ||||||
23 | (c) This Code does not apply to the electric power | ||||||
24 | procurement process provided for under Section 1-75 of the | ||||||
25 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
26 | Utilities Act. |
| |||||||
| |||||||
1 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
2 | and as expressly required by Section 9.1 of the Illinois | ||||||
3 | Lottery Law, the provisions of this Code do not apply to the | ||||||
4 | procurement process provided for under Section 9.1 of the | ||||||
5 | Illinois Lottery Law. | ||||||
6 | (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; | ||||||
7 | 95-876, eff. 8-21-08; 96-840, eff. 12-23-09.)
| ||||||
8 | Section 920. The Public Construction Bond Act is amended by | ||||||
9 | adding Section 1.5 as follows: | ||||||
10 | (30 ILCS 550/1.5 new) | ||||||
11 | Sec. 1.5. Public-private agreements. This Act applies to | ||||||
12 | any public-private agreement entered into under the | ||||||
13 | Public-Private Partnerships for Transportation Act. | ||||||
14 | Section 925. The Employment of Illinois Workers on Public | ||||||
15 | Works Act is amended by adding Section 2.5 as follows: | ||||||
16 | (30 ILCS 570/2.5 new) | ||||||
17 | Sec. 2.5. Public-private agreements. This Act applies to | ||||||
18 | any public-private agreement entered into under the | ||||||
19 | Public-Private Partnerships for Transportation Act. | ||||||
20 | Section 930. The Business Enterprise for Minorities, | ||||||
21 | Females, and Persons with
Disabilities Act is amended by adding |
| |||||||
| |||||||
1 | Section 2.5 as follows: | ||||||
2 | (30 ILCS 575/2.5 new) | ||||||
3 | Sec. 2.5. Public-private agreements. This Act applies to | ||||||
4 | any public-private agreement entered into under the | ||||||
5 | Public-Private Partnerships for Transportation Act. | ||||||
6 | Section 935. The Retailers' Occupation Tax Act is amended | ||||||
7 | by adding Section 1q as follows: | ||||||
8 | (35 ILCS 120/1q new) | ||||||
9 | Sec. 1q. Building materials exemption; public-private | ||||||
10 | partnership transportation projects. | ||||||
11 | (a) Each retailer that makes a qualified sale of building | ||||||
12 | materials to be incorporated into a "project" as defined in the | ||||||
13 | Public-Private Partnerships for Transportation Act, by | ||||||
14 | remodeling, rehabilitating, or new construction, may deduct | ||||||
15 | receipts from those sales when calculating the tax imposed by | ||||||
16 | this Act. | ||||||
17 | (b) As used in this Section, "qualified sale" means a sale | ||||||
18 | of building materials that will be incorporated into a project | ||||||
19 | for which a Certificate of Eligibility for Sales Tax Exemption | ||||||
20 | has been issued by the agency having authority over the | ||||||
21 | project. | ||||||
22 | (c) To document the exemption allowed under this Section, | ||||||
23 | the retailer must obtain from the purchaser a copy of the |
| |||||||
| |||||||
1 | Certificate of Eligibility for Sales Tax Exemption issued by | ||||||
2 | the agency having jurisdiction over the project into which the | ||||||
3 | building materials will be incorporated is located. The | ||||||
4 | Certificate of Eligibility for Sales Tax Exemption must contain | ||||||
5 | all of the following: | ||||||
6 | (1) statement that the project identified in the | ||||||
7 | Certificate meets all the requirements of the agency having | ||||||
8 | authority over the project; | ||||||
9 | (2) the location or address of the project; and | ||||||
10 | (3) the signature of the director of the agency with | ||||||
11 | authority over the project or the director's delegate. | ||||||
12 | (d) In addition to meeting the requirements of subsection | ||||||
13 | (c) of this Act, the retailer must obtain a certificate from | ||||||
14 | the purchaser that contains all of the following: | ||||||
15 | (1) a statement that the building materials are being | ||||||
16 | purchased for incorporation into a project in accordance | ||||||
17 | with the Public-Private Partnerships for Transportation | ||||||
18 | Act; | ||||||
19 | (2) the location or address of the project into which | ||||||
20 | the building materials will be incorporated; | ||||||
21 | (3) the name of the project; | ||||||
22 | (4) a description of the building materials being | ||||||
23 | purchased; and | ||||||
24 | (5) the purchaser's signature and date of purchase. | ||||||
25 | (e) This Section is exempt from Section 2-70 of this Act. |
| |||||||
| |||||||
1 | Section 940. The Property Tax Code is amended by changing | ||||||
2 | Section 15-55 and by adding Section 15-195 as follows: | ||||||
3 | (35 ILCS 200/15-55)
| ||||||
4 | Sec. 15-55. State property.
| ||||||
5 | (a) All property belonging to the State of Illinois
is | ||||||
6 | exempt. However, the State agency holding title shall file the | ||||||
7 | certificate
of ownership and use required by Section 15-10, | ||||||
8 | together with a copy of any
written lease or agreement, in | ||||||
9 | effect on March 30 of the assessment year,
concerning parcels | ||||||
10 | of 1 acre or more, or an explanation of the terms of any
oral | ||||||
11 | agreement under which the property is leased, subleased or | ||||||
12 | rented.
| ||||||
13 | The leased property shall be assessed to the lessee and the | ||||||
14 | taxes thereon
extended and billed to the lessee, and collected | ||||||
15 | in the same manner as
for property which is not exempt. The | ||||||
16 | lessee shall be liable
for the taxes and no lien shall attach | ||||||
17 | to the property of the State.
| ||||||
18 | For the purposes of this Section, the word "leases" | ||||||
19 | includes
licenses, franchises, operating agreements and other | ||||||
20 | arrangements under which
private individuals, associations or | ||||||
21 | corporations are granted the right to use
property of the | ||||||
22 | Illinois State Toll Highway Authority and includes all property
| ||||||
23 | of the Authority used by others without regard to the size of | ||||||
24 | the leased
parcel.
| ||||||
25 | (b) However, all property of every kind belonging to the |
| |||||||
| |||||||
1 | State of
Illinois, which
is or may hereafter be leased to the | ||||||
2 | Illinois Prairie Path Corporation, shall
be exempt from all | ||||||
3 | assessments, taxation or collection, despite the making of
any | ||||||
4 | such lease, if it is used for:
| ||||||
5 | (1) conservation, nature trail or any other | ||||||
6 | charitable,
scientific,
educational or recreational | ||||||
7 | purposes with public benefit, including the
preserving and | ||||||
8 | aiding in the preservation of natural areas, objects, | ||||||
9 | flora,
fauna or biotic communities;
| ||||||
10 | (2) the establishment of footpaths, trails and other | ||||||
11 | protected
areas;
| ||||||
12 | (3) the conservation of the proper use of natural
| ||||||
13 | resources or the promotion of the study of plant and animal | ||||||
14 | communities and
of other phases of ecology, natural history | ||||||
15 | and conservation;
| ||||||
16 | (4) the promotion of education in the fields of nature,
| ||||||
17 | preservation and
conservation; or
| ||||||
18 | (5) similar public recreational activities conducted | ||||||
19 | by the
Illinois
Prairie
Path Corporation.
| ||||||
20 | No lien shall attach to the property of the State. No tax | ||||||
21 | liability shall
become the obligation of or be enforceable | ||||||
22 | against Illinois Prairie Path
Corporation.
| ||||||
23 | (c) If the State sells the
James R.
Thompson Center
or the | ||||||
24 | Elgin Mental Health Center and surrounding land located at 750 | ||||||
25 | S.
State Street,
Elgin, Illinois, as provided in subdivision | ||||||
26 | (a)(2) of Section 7.4 of
the State Property Control Act,
to
|
| |||||||
| |||||||
1 | another entity whose property is not exempt and immediately | ||||||
2 | thereafter enters
into a
leaseback or other agreement that | ||||||
3 | directly or indirectly gives the State a
right to use,
control, | ||||||
4 | and possess the property, that portion of the property leased | ||||||
5 | and
occupied exclusively by the State shall remain exempt under | ||||||
6 | this
Section.
For the property to remain exempt under this | ||||||
7 | subsection (c), the State must
retain an
option to purchase the | ||||||
8 | property at a future date or, within the limitations
period for
| ||||||
9 | reverters, the property must revert back to the State.
| ||||||
10 | If the property has been conveyed as described in this | ||||||
11 | subsection (c), the
property
is no longer exempt pursuant to | ||||||
12 | this Section as of the date when:
| ||||||
13 | (1) the right of the State to use, control, and possess | ||||||
14 | the property has
been
terminated; or
| ||||||
15 | (2) the State no longer has an option to
purchase or | ||||||
16 | otherwise acquire the property and
there is no provision | ||||||
17 | for a reverter of the property to the State
within the | ||||||
18 | limitations period for reverters.
| ||||||
19 | Pursuant to Sections 15-15 and 15-20 of this Code, the | ||||||
20 | State shall notify the
chief
county assessment officer of any | ||||||
21 | transaction under this subsection (c). The
chief county
| ||||||
22 | assessment officer shall determine initial and continuing | ||||||
23 | compliance with the
requirements of this Section for tax | ||||||
24 | exemption. Failure to notify the chief
county
assessment | ||||||
25 | officer of a transaction under this subsection (c) or to | ||||||
26 | otherwise
comply with
the requirements of Sections 15-15 and |
| |||||||
| |||||||
1 | 15-20 of this Code shall, in the
discretion of the
chief county | ||||||
2 | assessment officer, constitute cause to terminate the | ||||||
3 | exemption,
notwithstanding any other provision of this Code.
| ||||||
4 | (c-1) If the Illinois State Toll Highway Authority sells | ||||||
5 | the
Illinois State Toll Highway Authority headquarters | ||||||
6 | building and surrounding
land,
located at 2700 Ogden Avenue, | ||||||
7 | Downers Grove, Illinois
as provided in subdivision (a)(2) of | ||||||
8 | Section 7.5 of
the State Property Control Act,
to
another | ||||||
9 | entity whose property is not exempt and immediately thereafter | ||||||
10 | enters
into a
leaseback or other agreement that directly or | ||||||
11 | indirectly gives the State or the
Illinois State Toll Highway | ||||||
12 | Authority a
right to use,
control, and possess the property, | ||||||
13 | that portion of the property leased and
occupied exclusively by | ||||||
14 | the State or the Authority shall remain exempt under
this
| ||||||
15 | Section.
For the property to remain exempt under this | ||||||
16 | subsection (c), the Authority must
retain an
option to purchase | ||||||
17 | the property at a future date or, within the limitations
period | ||||||
18 | for
reverters, the property must revert back to the Authority.
| ||||||
19 | If the property has been conveyed as described in this | ||||||
20 | subsection (c), the
property
is no longer exempt pursuant to | ||||||
21 | this Section as of the date when:
| ||||||
22 | (1) the right of the State or the Authority to use, | ||||||
23 | control, and possess
the
property has
been
terminated; or
| ||||||
24 | (2) the Authority no longer has an option to
purchase | ||||||
25 | or otherwise acquire the property and
there is no provision | ||||||
26 | for a reverter of the property to the Authority
within the |
| |||||||
| |||||||
1 | limitations period for reverters.
| ||||||
2 | Pursuant to Sections 15-15 and 15-20 of this Code, the | ||||||
3 | Authority
shall notify the
chief
county assessment officer of | ||||||
4 | any transaction under this subsection (c). The
chief county
| ||||||
5 | assessment officer shall determine initial and continuing | ||||||
6 | compliance with the
requirements of this Section for tax | ||||||
7 | exemption. Failure to notify the chief
county
assessment | ||||||
8 | officer of a transaction under this subsection (c) or to | ||||||
9 | otherwise
comply with
the requirements of Sections 15-15 and | ||||||
10 | 15-20 of this Code shall, in the
discretion of the
chief county | ||||||
11 | assessment officer, constitute cause to terminate the | ||||||
12 | exemption,
notwithstanding any other provision of this Code.
| ||||||
13 | (d) The fair market rent of each parcel of real property in | ||||||
14 | Will
County owned by the State of Illinois for the purpose of | ||||||
15 | developing an airport
by the Department of Transportation shall | ||||||
16 | include the assessed value of
leasehold tax. The lessee of each | ||||||
17 | parcel of real property in Will
County owned by
the
State of | ||||||
18 | Illinois for the purpose of developing an airport by the | ||||||
19 | Department of
Transportation shall not be liable for the taxes | ||||||
20 | thereon. In order for the
State to
compensate taxing districts | ||||||
21 | for
the leasehold tax under this paragraph
the Will County | ||||||
22 | Supervisor of Assessments shall
certify, in
writing, to the
| ||||||
23 | Department of Transportation, the amount of leasehold taxes
| ||||||
24 | extended for the 2002 property tax
year for
each such exempt | ||||||
25 | parcel.
The Department of Transportation shall pay to the Will
| ||||||
26 | County
Treasurer, from the Tax Recovery Fund, on or before July |
| |||||||
| |||||||
1 | 1 of each
year, the amount of leasehold taxes for each such | ||||||
2 | exempt parcel as certified
by the Will County Supervisor of | ||||||
3 | Assessments. The tax compensation shall
terminate
on
December | ||||||
4 | 31, 2020. It is the duty of the Department of Transportation to | ||||||
5 | file
with the
Office of the Will County Supervisor of | ||||||
6 | Assessments an affidavit stating the
termination
date for | ||||||
7 | rental of each such parcel due to airport construction. The | ||||||
8 | affidavit
shall include
the property identification number for | ||||||
9 | each such parcel. In no instance shall
tax
compensation for | ||||||
10 | property owned by the State be deemed delinquent or bear
| ||||||
11 | interest. In
no instance shall a lien attach to the property of | ||||||
12 | the State. In no instance
shall the State
be required to pay | ||||||
13 | leasehold tax compensation in excess of the Tax
Recovery Fund's | ||||||
14 | balance.
| ||||||
15 | (e) Public Act 81-1026 applies to all leases or agreements | ||||||
16 | entered into
or
renewed on or after September 24, 1979.
| ||||||
17 | (f) Notwithstanding anything to the contrary in this | ||||||
18 | Section, all property owned by the State or the Illinois State | ||||||
19 | Toll Highway Authority that is defined as a transportation | ||||||
20 | project under the Public-Private Partnerships for | ||||||
21 | Transportation Act and that is used for transportation purposes | ||||||
22 | and that is leased for those purposes to another entity whose | ||||||
23 | property is not exempt shall remain exempt, and any leasehold | ||||||
24 | interest in the property shall not be subject to taxation under | ||||||
25 | Section 9-195 of this Act. | ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07; 96-192, eff. 8-10-09.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/15-195 new) | ||||||
2 | Sec. 15-195. Exemption for qualified airport leased | ||||||
3 | property. Notwithstanding anything in this Code to the | ||||||
4 | contrary, all property owned by an airport authority created | ||||||
5 | and established under the Airport Authorities Act shall remain | ||||||
6 | exempt from taxation and any leasehold interest in that | ||||||
7 | property is not subject to taxation under Section 9-195 if that | ||||||
8 | property is used for transportation purposes as part of a | ||||||
9 | transportation project undertaken pursuant to the | ||||||
10 | Public-Private Partnerships for Transportation Act and is | ||||||
11 | leased to another entity whose property is not exempt. | ||||||
12 | Section 945. The Toll Highway Act is amended by adding | ||||||
13 | Section 11.1 as follows: | ||||||
14 | (605 ILCS 10/11.1 new) | ||||||
15 | Sec. 11.1. Public-private partnerships. The Authority may | ||||||
16 | exercise all powers granted to it under the Public-Private | ||||||
17 | Partnerships for Transportation Act. | ||||||
18 | Section 950. The Prevailing Wage Act is amended by changing | ||||||
19 | Section 2 as follows:
| ||||||
20 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| ||||||
21 | Sec. 2. This Act applies to the wages of laborers, |
| |||||||
| |||||||
1 | mechanics and
other workers employed in any public works, as | ||||||
2 | hereinafter defined, by
any public body and to anyone under | ||||||
3 | contracts for public works. This includes any maintenance, | ||||||
4 | repair, assembly, or disassembly work performed on equipment | ||||||
5 | whether owned, leased, or rented.
| ||||||
6 | As used in this Act, unless the context indicates | ||||||
7 | otherwise:
| ||||||
8 | "Public works" means all fixed works constructed or | ||||||
9 | demolished by
any public body,
or paid for wholly or in part | ||||||
10 | out of public funds. "Public works" as
defined herein includes | ||||||
11 | all projects financed in whole
or in part with bonds, grants, | ||||||
12 | loans, or other funds made available by or through the State or | ||||||
13 | any of its political subdivisions, including but not limited | ||||||
14 | to: bonds issued under the Industrial Project Revenue Bond
Act | ||||||
15 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
16 | Industrial
Building Revenue Bond Act, the Illinois Finance | ||||||
17 | Authority Act,
the Illinois Sports Facilities Authority Act, or | ||||||
18 | the Build Illinois Bond Act; loans or other funds made
| ||||||
19 | available pursuant to the Build Illinois Act; or funds from the | ||||||
20 | Fund for
Illinois' Future under Section 6z-47 of the State | ||||||
21 | Finance Act, funds for school
construction under Section 5 of | ||||||
22 | the General Obligation Bond Act, funds
authorized under Section | ||||||
23 | 3 of the School Construction Bond Act, funds for
school | ||||||
24 | infrastructure under Section 6z-45 of the State Finance Act, | ||||||
25 | and funds
for transportation purposes under Section 4 of the | ||||||
26 | General Obligation Bond
Act. "Public works" also includes (i) |
| |||||||
| |||||||
1 | all projects financed in whole or in part
with funds from the | ||||||
2 | Department of Commerce and Economic Opportunity under the | ||||||
3 | Illinois Renewable Fuels Development Program
Act for which | ||||||
4 | there is no project labor agreement and (ii) all projects | ||||||
5 | undertaken under a public-private agreement under the | ||||||
6 | Public-Private Partnerships for Transportation Act . "Public | ||||||
7 | works" also includes all projects at leased facility property | ||||||
8 | used for airport purposes under Section 35 of the Local | ||||||
9 | Government Facility Lease Act. "Public works" also includes the | ||||||
10 | construction of a new wind power facility by a business | ||||||
11 | designated as a High Impact Business under Section 5.5(a)(3)(E) | ||||||
12 | of the Illinois Enterprise Zone Act.
"Public works" does not | ||||||
13 | include work done directly by any public utility company, | ||||||
14 | whether or not done under public supervision or direction, or | ||||||
15 | paid for wholly or in part out of public funds. "Public works" | ||||||
16 | does not include projects undertaken by the owner at an | ||||||
17 | owner-occupied single-family residence or at an owner-occupied | ||||||
18 | unit of a multi-family residence.
| ||||||
19 | "Construction" means all work on public works involving | ||||||
20 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
21 | repair, assembly, or disassembly work performed on equipment | ||||||
22 | whether owned, leased, or rented.
| ||||||
23 | "Locality" means the county where the physical work upon | ||||||
24 | public works
is performed, except (1) that if there is not | ||||||
25 | available in the county a
sufficient number of competent | ||||||
26 | skilled laborers, workers and mechanics
to construct the public |
| |||||||
| |||||||
1 | works efficiently and properly, "locality"
includes any other | ||||||
2 | county nearest the one in which the work or
construction is to | ||||||
3 | be performed and from which such persons may be
obtained in | ||||||
4 | sufficient numbers to perform the work and (2) that, with
| ||||||
5 | respect to contracts for highway work with the Department of
| ||||||
6 | Transportation of this State, "locality" may at the discretion | ||||||
7 | of the
Secretary of the Department of Transportation be | ||||||
8 | construed to include
two or more adjacent counties from which | ||||||
9 | workers may be accessible for
work on such construction.
| ||||||
10 | "Public body" means the State or any officer, board or | ||||||
11 | commission of
the State or any political subdivision or | ||||||
12 | department thereof, or any
institution supported in whole or in | ||||||
13 | part by public funds,
and includes every county, city, town,
| ||||||
14 | village, township, school district, irrigation, utility, | ||||||
15 | reclamation
improvement or other district and every other | ||||||
16 | political subdivision,
district or municipality of the state | ||||||
17 | whether such political
subdivision, municipality or district | ||||||
18 | operates under a special charter
or not.
| ||||||
19 | The terms "general prevailing rate of hourly wages", | ||||||
20 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
21 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
22 | fringe benefits for training and
apprenticeship programs | ||||||
23 | approved by the U.S. Department of Labor, Bureau of
| ||||||
24 | Apprenticeship and Training, health and welfare, insurance, | ||||||
25 | vacations and
pensions paid generally, in the
locality in which | ||||||
26 | the work is being performed, to employees engaged in
work of a |
| |||||||
| |||||||
1 | similar character on public works.
| ||||||
2 | (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | ||||||
3 | eff. 1-1-10; 96-186, eff. 1-1-10; revised 8-20-09.)
| ||||||
4 | Section 999. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
|