Sen. Heather A. Steans

Filed: 3/22/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3216 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Finance Act is amended by adding
5Section 5.811 as follows:
6    (30 ILCS 105/5.811 new)
7    Sec. 5.811. The Public-Private Partnerships for
8Transportation Fund.
9    Section 10. The Public-Private Partnerships for
10Transportation Act is amended by changing Sections 10, 15, 20,
1125, 35, 40, and 45 and by adding Section 90 as follows:
12    (630 ILCS 5/10)
13    Sec. 10. Definitions. As used in this Act:
14    "Approved proposal" means the proposal that is approved by



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1the transportation agency pursuant to subsection (j) (e) of
2Section 20 of this Act.
3    "Approved proposer" means the private entity whose
4proposal is the approved proposal.
5    "Authority" means the Illinois State Toll Highway
7    "Contractor" means a private entity that has entered into a
8public-private agreement with the transportation agency to
9provide services to or on behalf of the transportation agency.
10    "Department" means the Illinois Department of
12    "Design-build agreement" means the agreement between the
13selected private entity and the transportation agency under
14which the selected private entity agrees to furnish design,
15construction, and related services for a transportation
16facility under this Act.
17    "Develop" or "development" means to do one or more of the
18following: plan, design, develop, lease, acquire, install,
19construct, reconstruct, rehabilitate, extend, or expand.
20    "Maintain" or "maintenance" includes ordinary maintenance,
21repair, rehabilitation, capital maintenance, maintenance
22replacement, and any other categories of maintenance that may
23be designated by the transportation agency.
24    "Metropolitan planning organization" means a metropolitan
25planning organization designated under 23 U.S.C. Section 134
26whose metropolitan planning area boundaries are partially or



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1completely within the State.
2    "Operate" or "operation" means to do one or more of the
3following: maintain, improve, equip, modify, or otherwise
5    "Private entity" means any combination of one or more
6individuals, corporations, general partnerships, limited
7liability companies, limited partnerships, joint ventures,
8business trusts, nonprofit entities, or other business
9entities that are parties to a proposal for a transportation
10project or an agreement related to a transportation project. A
11public agency may provide services to a contractor as a
12subcontractor or subconsultant without affecting the private
13status of the private entity and the ability to enter into a
14public-private agreement. A transportation agency is not a
15private entity.
16    "Proposal" means all materials and documents prepared by or
17on behalf of a private entity relating to the proposed
18development, financing, or operation of a transportation
19facility as a transportation project.
20    "Proposer" means a private entity that has submitted a
21proposal or statement of qualifications for a public-private
22agreement in response to a request for proposals or a request
23for qualifications issued by a transportation agency under this
25    "Public-private agreement" means the public-private
26agreement between the contractor and the transportation agency



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1relating to one or more of the development, financing, or
2operation of a transportation project that is entered into
3under this Act.
4    "Request for information" means all materials and
5documents prepared by or on behalf of the transportation agency
6to solicit information from private entities with respect to
7transportation projects.
8    "Request for proposals" means all materials and documents
9prepared by or on behalf of the transportation agency to
10solicit proposals from private entities to enter into a
11public-private agreement.
12    "Request for qualifications" means all materials and
13documents prepared by or on behalf of the transportation agency
14to solicit statements of qualification from private entities to
15enter into a public-private agreement.
16    "Revenues" means all revenues, including any combination
17of: income; earnings and interest; user fees; lease payments;
18allocations; federal, State, and local appropriations, grants,
19loans, lines of credit, and credit guarantees; bond proceeds;
20equity investments; service payments; or other receipts;
21arising out of or in connection with a transportation project,
22including the development, financing, and operation of a
23transportation project. The term includes money received as
24grants, loans, lines of credit, credit guarantees, or otherwise
25in aid of a transportation project from the federal government,
26the State, a unit of local government, or any agency or



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1instrumentality of the federal government, the State, or a unit
2of local government.
3    "Shortlist" means the process by which a transportation
4agency will review, evaluate, and rank statements of
5qualifications submitted in response to a request for
6qualifications and then identify the proposers who are eligible
7to submit a detailed proposal in response to a request for
8proposals. The identified proposers constitute the shortlist
9for the transportation project to which the request for
10proposals relates.
11    "Transportation agency" means (i) the Department or (ii)
12the Authority.
13    "Transportation facility" means any new or existing road,
14highway, toll highway, bridge, tunnel, intermodal facility,
15intercity or high-speed passenger rail, or other
16transportation facility or infrastructure, excluding airports,
17under the jurisdiction of the Department or the Authority,
18except those facilities for the Illiana Expressway. The term
19"transportation facility" may refer to one or more
20transportation facilities that are proposed to be developed or
21operated as part of a single transportation project.
22    "Transportation project" or "project" means any or the
23combination of the development, financing, or operation with
24respect to all or a portion of any transportation facility
25under the jurisdiction of the transportation agency, except
26those facilities for the Illiana Expressway, undertaken



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1pursuant to this Act.
2    "Unit of local government" has the meaning ascribed to that
3term in Article VII, Section 1 of the Constitution of the State
4of Illinois and also means any unit designated as a municipal
6    "User fees" or "tolls" means the rates, tolls, fees, or
7other charges imposed by the contractor for use of all or a
8portion of a transportation project under a public-private
10(Source: P.A. 97-502, eff. 8-23-11.)
11    (630 ILCS 5/15)
12    Sec. 15. Formation of public-private agreements; project
14    (a) Each transportation agency may exercise the powers
15granted by this Act to do some or all to develop, finance, and
16operate any part of one or more transportation projects through
17public-private agreements with one or more private entities,
18except for transportation projects for the Illiana Expressway
19as defined in the Public Private Agreements for the Illiana
20Expressway Act. The net proceeds, if any, arising out of a
21transportation project or public-private agreement undertaken
22by the Department pursuant to this Act shall be deposited into
23the Public-Private Partnerships for Transportation State
24Construction Account Fund. The net proceeds arising out of a
25transportation project or public-private agreement undertaken



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1by the Authority pursuant to this Act shall be deposited into
2the Illinois State Toll Highway Authority Fund and shall be
3used only as authorized by Section 23 of the Toll Highway Act.
4    (b) The Authority shall not enter into a public-private
5agreement involving a lease or other transfer of any toll
6highway, or portions thereof, under the Authority's
7jurisdiction which were open to vehicular traffic on the
8effective date of this Act. The Authority shall not enter into
9a public-private agreement for the purpose of making roadway
10improvements, including but not limited to reconstruction,
11adding lanes, and adding ramps, to any toll highway, or
12portions thereof, under the Authority's jurisdiction which
13were open to vehicular traffic on the effective date of this
14Act. The Authority shall not use any revenue generated by any
15toll highway, or portions thereof, under the Authority's
16jurisdiction which were open to vehicular traffic on the
17effective date of this Act to enter into or provide funding for
18a public-private agreement. The Authority shall not use any
19asset, or the proceeds from the sale or lease of any such
20asset, which was owned by the Authority on the effective date
21of this Act to enter into or provide funding for a
22public-private agreement. The Authority may enter into a
23public-private partnership to develop, finance, and operate
24new toll highways authorized by the Governor and the General
25Assembly pursuant to Section 14.1 of the Toll Highway Act,
26non-highway transportation projects on the toll highway system



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1such as commuter rail or high-speed rail lines, and intelligent
2transportation infrastructure that will enhance the safety,
3efficiency, and environmental quality of the toll highway
4system. The Authority may operate or provide operational
5services such as toll collection on highways which are
6developed or financed, or both, through a public-private
7agreement entered into by another public entity, under an
8agreement with the public entity or contractor responsible for
9the transportation project.
10    (c) A contractor has:
11        (1) all powers allowed by law generally to a private
12    entity having the same form of organization as the
13    contractor; and
14        (2) the power to develop, finance, and operate the
15    transportation facility and to impose user fees in
16    connection with the use of the transportation facility,
17    subject to the terms of the public-private agreement.
18    No tolls or user fees may be imposed by the contractor
19except as set forth in a public-private agreement.
20    (d) Each year, at least 30 days prior to the beginning of
21the transportation agency's fiscal year, and at other times the
22transportation agency deems necessary, the Department and the
23Authority shall submit for review to the General Assembly a
24description of potential projects that the transportation
25agency is considering undertaking under this Act. Any
26submission from the Authority shall indicate which of its



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1potential projects, if any, will involve the proposer operating
2the transportation facility for a period of one year or more.
3Prior to the issuance of any request for qualifications or
4request for proposals with respect to any potential project
5undertaken by the Department or the Authority pursuant to
6Section 20 of this Act, the commencement of a procurement
7process for that particular potential project shall be
8authorized by joint resolution of the General Assembly.
9    (e) Each year, at least 30 days prior to the beginning of
10the transportation agency's fiscal year, the transportation
11agency shall submit a description of potential projects that
12the transportation agency is considering undertaking under
13this Act to each county, municipality, and metropolitan
14planning organization, with respect to each project located
15within its boundaries.
16    (f) Any project undertaken under this Act shall be subject
17to all applicable planning requirements otherwise required by
18law, including land use planning, regional planning,
19transportation planning, and environmental compliance
21    (g) Any new transportation facility developed as a project
22under this Act must be consistent with the regional plan then
23in existence of any metropolitan planning organization in whose
24boundaries the project is located.
25    (h) The transportation agency shall hold one or more public
26hearings within 30 days of each of its submittals to the



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1General Assembly under subsection (d) of this Section. These
2public hearings shall address potential projects that the
3transportation agency submitted to the General Assembly for
4review under subsection (d). The transportation agency shall
5publish a notice of the hearing or hearings at least 7 days
6before a hearing takes place, and shall include the following
7in the notice: (i) the date, time, and place of the hearing and
8the address of the transportation agency; (ii) a brief
9description of the potential projects that the transportation
10agency is considering undertaking; and (iii) a statement that
11the public may comment on the potential projects.
12(Source: P.A. 97-502, eff. 8-23-11.)
13    (630 ILCS 5/20)
14    Sec. 20. Procurement process.
15    (a) A transportation agency seeking to enter into a
16public-private partnership with a private entity for the
17development, finance, and operation of a transportation
18facility as a transportation project shall determine and set
19forth the criteria for the selection process. The
20transportation agency shall use (i) a competitive sealed
21bidding process, (ii) a competitive sealed proposal process, or
22(iii) a design-build procurement process in accordance with
23Section 25 of this Act. Before using one of these processes the
24transportation agency may use a request for information to
25obtain information relating to possible public-private



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2    (b) If a transportation project will require the
3performance of design work, the transportation agency shall use
4the shortlist selection process set forth in subsection (g) of
5this Section to evaluate and shortlist private entities based
6on qualifications, including but not limited to design
8    A request for qualifications, request for proposals, or
9public-private agreement awarded to a contractor for a
10transportation project shall require that any subsequent need
11for architectural, engineering, or land surveying services
12which arises after the submittal of the request for
13qualifications or request for proposals or the awarding of the
14public-private agreement shall be procured by the contractor
15using a qualifications-based selection process consisting of:
16        (1) the publication of notice of availability of
17    services;
18        (2) a statement of desired qualifications;
19        (3) an evaluation based on the desired qualifications;
20        (4) the development of a shortlist ranking the firms in
21    order of qualifications; and
22        (5) negotiations with the ranked firms for a fair and
23    reasonable fee.
24Compliance with the Architectural, Engineering, and Land
25Surveying Qualifications Based Selection Act shall be deemed
26prima facie compliance with this subsection (b). Every



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1transportation project contract shall include provisions
2setting forth the requirements of this subsection (b).
3    (c) Prior to commencing a procurement for a transportation
4project under this Act, the transportation agency shall notify
5any other applicable public agency, including the Authority, in
6all cases involving toll facilities where the Department would
7commence the procurement, of its interest in undertaking the
8procurement and shall provide the other public agency or
9agencies with an opportunity to offer to develop and implement
10the transportation project. The transportation agency shall
11supply the other public agency or agencies with no less than
12the same level and type of information concerning the project
13that the transportation agency would supply to private entities
14in the procurement, unless that information is not then
15available, in which case the transportation agency shall supply
16the other public agency or agencies with the maximum amount of
17relevant information about the project as is then reasonably
18available. The transportation agency shall make available to
19the other public agencies the same subsidies, benefits,
20concessions, and other consideration that it intends to make
21available to the private entities in the procurement.
22    The public agencies shall have a maximum period of 60 days
23to review the information about the proposed transportation
24project and to respond to the transportation agency in writing
25to accept or reject the opportunity to develop and implement
26the transportation project. If a public agency rejects the



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1opportunity during the 60-day period, then the public agency
2may not participate in the procurement for the proposed
3transportation project by submitting a proposal of its own. If
4a public agency fails to accept or reject this opportunity in
5writing within the 60-day period, it shall be deemed to have
6rejected the opportunity.
7    If a public agency accepts the opportunity within the
860-day period, then the public agency shall have up to 120 days
9(or a longer period, if extended by the transportation agency),
10to (i) submit to the transportation agency a reasonable plan
11for development of the transportation project; (ii) if
12applicable, make an offer of reasonable consideration for the
13opportunity to undertake the transportation project; and (iii)
14negotiate a mutually acceptable intergovernmental agreement
15with the transportation agency that facilitates the
16development of the transportation project and requires that the
17transportation agency follow its procurement procedures under
18the Illinois Procurement Code and applicable rules rather than
19this Act. In considering whether a public agency's plan for
20developing and implementing the project is reasonable, the
21transportation agency shall consider the public agency's
22history of developing and implementing similar projects, the
23public agency's current capacity to develop and implement the
24proposed project, the user charges, if any, contemplated by the
25public agency's plan and how these user charges compare with
26user charges that would be imposed by a private entity



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1developing and implementing the same project, the project
2delivery schedule proposed by the public agency, and other
3reasonable factors that are necessary, including consideration
4of risks and whether subsidy costs may be reduced, to determine
5whether development and implementation of the project by the
6public agency is in the best interest of the people of this
8    (d) If the transportation agency rejects or fails to
9negotiate mutually acceptable terms regarding a public
10agency's plan for developing and implementing the
11transportation project during the 120-day period described in
12subsection (c), then the public agency may not participate in
13the procurement for the proposed transportation project by
14submitting a proposal of its own. Following a rejection or
15failure to reach agreement regarding a public agency's plan, if
16the transportation agency later proceeds with a procurement in
17which it materially changes (i) the nature or scope of the
18project; (ii) any subsidies, benefits, concessions, or other
19significant project-related considerations made available to
20the bidders; or (iii) any other terms of the project, as
21compared to when the transportation agency supplied
22information about the project to public agencies under
23subsection (c), then the transportation agency shall give
24public agencies another opportunity in accordance with
25subsection (c) to provide proposals for developing and
26implementing the project.



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1    (e) Nothing in this Section 20 requires a transportation
2agency to go through a procurement process prior to developing
3and implementing a project through a public agency as described
4in subsection (c).
5    The selection of professional design firms by a
6transportation agency or private entity shall comply with the
7Architectural, Engineering, and Land Surveying Qualifications
8Based Selection Act or Section 25 of this Act.
9    Nothing in this Act shall preclude a public agency,
10including the Department or the Authority, from submitting a
11proposal to develop or operate, or to develop and operate, a
12transportation facility as a transportation project. The
13transportation agency shall give a proposal submitted by a
14public agency equal consideration as it gives proposals
15submitted by private entities, and, for that purpose, treat the
16public agency as a private entity.
17    (f) All procurement processes shall incorporate
18requirements and set forth goals for participation by
19disadvantaged business enterprises as allowed under State and
20federal law.
21    (g) (b) The transportation agency shall establish a process
22to shortlist for prequalification of all potential private
23entities. The transportation agency shall: (i) provide a public
24notice of the shortlisting prequalification process for such
25period as deemed appropriate by the agency; (ii) set forth
26requirements and evaluation criteria in a request for



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1qualifications order to become prequalified; (iii) develop a
2shortlist by determining determine which private entities that
3have submitted statements of qualification prequalification
4applications, if any, meet the minimum requirements and best
5satisfy the evaluation criteria set forth in the request for
6qualifications; and (iv) allow only those entities, or groups
7of entities such as unincorporated joint ventures, that have
8been shortlisted prequalified to submit proposals or bids.
9Throughout the procurement period and as necessary following
10the award of a contract, the The transportation agency shall
11make publicly available on its website during the request for
12qualifications period information regarding firms that are
13prequalified by the transportation agency pursuant to Section
1420 of the Architectural, Engineering, and Land Surveying
15Qualifications Based Selection Act to provide architectural,
16engineering, and land surveying services. The transportation
17agencies and shall require private entities to use firms
18prequalified under this Act to provide architectural,
19engineering, and land surveying services. Firms identified to
20provide architectural, engineering, and land surveying
21services in a statement of qualifications shall be prequalified
22under the Act to provide the identified services prior to the
23transportation agency's award of the contract the use of such
24firms for such services.
25    (h) (c) Competitive sealed bidding requirements:
26        (1) All contracts shall be awarded by competitive



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1    sealed bidding except as otherwise provided in subsection
2    (i) (d) of this Section and Section 25 of this Act.
3        (2) An invitation for bids shall be issued and shall
4    include a description of the public-private partnership
5    with a private entity for the development, finance, and
6    operation of a transportation facility as a transportation
7    project, and the material contractual terms and conditions
8    applicable to the procurement.
9        (3) Public notice of the invitation for bids shall be
10    published in the State of Illinois Procurement Bulletin at
11    least 21 days before the date set in the invitation for the
12    opening of bids.
13        (4) Bids shall be opened publicly in the presence of
14    one or more witnesses at the time and place designated in
15    the invitation for bids. The name of each bidder, the
16    amount of each bid, and other relevant information as may
17    be specified by rule shall be recorded. After the award of
18    the contract, the winning bid and the record of each
19    unsuccessful bid shall be open to public inspection.
20        (5) Bids shall be unconditionally accepted without
21    alteration or correction, except as authorized in this Act.
22    Bids shall be evaluated based on the requirements set forth
23    in the invitation for bids, which may include criteria to
24    determine acceptability such as inspection, testing,
25    quality, workmanship, delivery, and suitability for a
26    particular purpose. Those criteria that will affect the bid



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1    price and be considered in evaluation for award, such as
2    discounts, transportation costs, and total or life cycle
3    costs, shall be objectively measurable. The invitation for
4    bids shall set forth the evaluation criteria to be used.
5        (6) Correction or withdrawal of inadvertently
6    erroneous bids before or after award, or cancellation of
7    awards of contracts based on bid mistakes, shall be
8    permitted in accordance with rules. After bid opening, no
9    changes in bid prices or other provisions of bids
10    prejudicial to the interest of the State or fair
11    competition shall be permitted. All decisions to permit the
12    correction or withdrawal of bids based on bid mistakes
13    shall be supported by written determination made by the
14    transportation agency.
15        (7) The contract shall be awarded with reasonable
16    promptness by written notice to the lowest responsible and
17    responsive bidder whose bid meets the requirements and
18    criteria set forth in the invitation for bids, except when
19    the transportation agency determines it is not in the best
20    interest of the State and by written explanation determines
21    another bidder shall receive the award. The explanation
22    shall appear in the appropriate volume of the State of
23    Illinois Procurement Bulletin. The written explanation
24    must include:
25            (A) a description of the agency's needs;
26            (B) a determination that the anticipated cost will



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1        be fair and reasonable;
2            (C) a listing of all responsible and responsive
3        bidders; and
4            (D) the name of the bidder selected, pricing, and
5        the reasons for selecting that bidder.
6        (8) When it is considered impracticable to initially
7    prepare a purchase description to support an award based on
8    price, an invitation for bids may be issued requesting the
9    submission of unpriced offers to be followed by an
10    invitation for bids limited to those bidders whose offers
11    have been qualified under the criteria set forth in the
12    first solicitation.
13    (i) (d) Competitive sealed proposal requirements:
14        (1) When the transportation agency determines in
15    writing that the use of competitive sealed bidding or
16    design-build procurement is either not practicable or not
17    advantageous to the State, a contract may be entered into
18    by competitive sealed proposals.
19        (2) Proposals shall be solicited through a request for
20    proposals.
21        (3) Public notice of the request for proposals shall be
22    published in the State of Illinois Procurement Bulletin at
23    least 21 days before the date set in the invitation for the
24    opening of proposals.
25        (4) Proposals shall be opened publicly in the presence
26    of one or more witnesses at the time and place designated



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1    in the request for proposals, but proposals shall be opened
2    in a manner to avoid disclosure of contents to competing
3    offerors during the process of negotiation. A record of
4    proposals shall be prepared and shall be open for public
5    inspection after contract award.
6        (5) The requests for proposals shall state the relative
7    importance of price and other evaluation factors.
8    Proposals shall be submitted in 2 parts: (i) covering items
9    except price; and (ii) covering price. The first part of
10    all proposals shall be evaluated and ranked independently
11    of the second part of all proposals.
12        (6) As provided in the request for proposals and under
13    any applicable rules, discussions may be conducted with
14    responsible offerors who submit proposals determined to be
15    reasonably susceptible of being selected for award for the
16    purpose of clarifying and assuring full understanding of
17    and responsiveness to the solicitation requirements. Those
18    offerors shall be accorded fair and equal treatment with
19    respect to any opportunity for discussion and revision of
20    proposals. Revisions may be permitted after submission and
21    before award for the purpose of obtaining best and final
22    offers. In conducting discussions there shall be no
23    disclosure of any information derived from proposals
24    submitted by competing offerors. If information is
25    disclosed to any offeror, it shall be provided to all
26    competing offerors.



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1        (7) Awards shall be made to the responsible offeror
2    whose proposal is determined in writing to be the most
3    advantageous to the State, taking into consideration price
4    and the evaluation factors set forth in the request for
5    proposals. The contract file shall contain the basis on
6    which the award is made.
7    (j) (e) In the case of a proposal or proposals to the
8Department or the Authority, the transportation agency shall
9determine, based on its review and evaluation of the proposal
10or proposals received in response to the request for proposals,
11which one or more proposals, if any, best serve the public
12purpose of this Act and satisfy the criteria set forth in the
13request for proposals and, with respect to such proposal or
14proposals, shall:
15        (1) submit the proposal or proposals to the Commission
16    on Government Forecasting and Accountability, which,
17    within 20 days of submission by the transportation agency,
18    shall complete a review of the proposal or proposals and
19    report on the value of the proposal or proposals to the
20    State;
21        (2) hold one or more public hearings on the proposal or
22    proposals, publish notice of the hearing or hearings at
23    least 7 days before the hearing, and include the following
24    in the notice: (i) the date, time, and place of the hearing
25    and the address of the transportation agency, (ii) the
26    subject matter of the hearing, (iii) a description of the



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1    agreement to be awarded, (iv) the determination made by the
2    transportation agency that such proposal or proposals best
3    serve the public purpose of this Act and satisfy the
4    criteria set forth in the request for proposals, and (v)
5    that the public may be heard on the proposal or proposals
6    during the public hearing; and
7        (3) determine whether or not to recommend to the
8    Governor that the Governor approve the proposal or
9    proposals.
10    The Governor may approve one or more proposals recommended
11by the Department or the Authority based upon the review,
12evaluation, and recommendation of the transportation agency,
13the review and report of the Commission on Government
14Forecasting and Accountability, the public hearing, and the
15best interests of the State.
16    (k) (f) In addition to any other rights under this Act, in
17connection with any procurement under this Act, the following
18rights are reserved to each transportation agency:
19        (1) to withdraw a request for information, a request
20    for qualifications, or a request for proposals at any time,
21    and to publish a new request for information, request for
22    qualifications, or request for proposals;
23        (2) to not approve a proposal for any reason;
24        (3) to not award a public-private agreement for any
25    reason;
26        (4) to request clarifications to any statement of



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1    information, qualifications, or proposal received, to seek
2    one or more revised proposals or one or more best and final
3    offers, or to conduct negotiations with one or more private
4    entities that have submitted proposals;
5        (5) to modify, during the pendency of a procurement,
6    the terms, provisions, and conditions of a request for
7    information, request for qualifications, or request for
8    proposals or the technical specifications or form of a
9    public-private agreement;
10        (6) to interview proposers; and
11        (7) any other rights available to the transportation
12    agency under applicable law and regulations.
13    (l) (g) If a proposal is approved, the transportation
14agency shall execute the public-private agreement, publish
15notice of the execution of the public-private agreement on its
16website and in a newspaper or newspapers of general circulation
17within the county or counties in which the transportation
18project is to be located, and publish the entire agreement on
19its website. Any action to contest the validity of a
20public-private agreement entered into under this Act must be
21brought no later than 60 days after the date of publication of
22the notice of execution of the public-private agreement.
23    (m) (h) For any transportation project with an estimated
24construction cost of over $50,000,000, the transportation
25agency may also require the approved proposer to pay the costs
26for an independent audit of any and all traffic and cost



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1estimates associated with the approved proposal, as well as a
2review of all public costs and potential liabilities to which
3taxpayers could be exposed (including improvements to other
4transportation facilities that may be needed as a result of the
5approved proposal, failure by the approved proposer to
6reimburse the transportation agency for services provided, and
7potential risk and liability in the event the approved proposer
8defaults on the public-private agreement or on bonds issued for
9the project). If required by the transportation agency, this
10independent audit must be conducted by an independent
11consultant selected by the transportation agency, and all
12information from the review must be fully disclosed.
13    (n) (i) The transportation agency may also apply for,
14execute, or endorse applications submitted by private entities
15to obtain federal credit assistance for qualifying projects
16developed or operated pursuant to this Act.
17(Source: P.A. 97-502, eff. 8-23-11.)
18    (630 ILCS 5/25)
19    Sec. 25. Design-build procurement.
20    (a) This Section 25 shall apply only to transportation
21projects for which the Department or the Authority intends to
22execute a design-build agreement, in which case the Department
23or the Authority shall abide by the requirements and procedures
24of this Section 25 in addition to other applicable requirements
25and procedures set forth in this Act.



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1    (b)(1) The transportation agency must issue a notice of
2intent to receive proposals for the project at least 14 days
3before issuing the request for the qualifications. The
4transportation agency must publish the advance notice in a
5daily newspaper of general circulation in the county where the
6transportation agency is located. The transportation agency is
7encouraged to use publication of the notice in related
8construction industry service publications. A brief
9description of the proposed procurement must be included in the
10notice. The transportation agency must provide a copy of the
11request for qualifications to any party requesting a copy.
12    (2) The request for qualifications shall be prepared for
13each project and must contain, without limitation, the
14following information: (i) the name of the transportation
15agency; (ii) a preliminary schedule for the completion of the
16contract; (iii) the proposed budget for the project and , the
17source of funds, to the extent not already reflected in the
18Department's Multi-Year Highway Improvement Program and the
19currently available funds at the time the request for proposal
20is submitted; (iv) the shortlisting process prequalification
21criteria for design-build entities or groups of entities such
22as unincorporated joint ventures wishing to submit proposals
23(the transportation agency shall include, at a minimum, its
24normal prequalification, licensing, registration, and other
25requirements, but nothing contained herein precludes the use of
26additional prequalification criteria by the transportation



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1agency); (v) a summary of anticipated material requirements of
2the contract, including but not limited to, the proposed terms
3and conditions, required performance and payment bonds,
4insurance, and the entity's plan to comply with the utilization
5goals established by the corporate authorities of the
6transportation agency for minority and women business
7enterprises and compliance to comply with Section 2-105 of the
8Illinois Human Rights Act; and (vi) the performance criteria;
9(vii) the evaluation criteria for each phase of the
10solicitation; and (viii) the anticipated number of entities
11that will be shortlisted considered for the request for
12proposals phase.
13    (3) The transportation agency may include any other
14relevant information in the request for qualifications that it
15chooses to supply. The private entity shall be entitled to rely
16upon the accuracy of this documentation in the development of
17its statement of qualifications and its proposal only to the
18extent expressly warranted by the transportation agency.
19    (4) The date that statements of qualifications are due must
20be at least 21 calendar days after the date of the issuance of
21the request for qualifications. In the event the cost of the
22project is estimated to exceed $12,000,000, then the statement
23of qualifications due date must be at least 28 calendar days
24after the date of the issuance of the request for
25qualifications. The transportation agency shall include in the
26request for proposals a minimum of 30 days to develop the



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1proposals after the selection of entities from the evaluation
2of the statements of qualifications is completed.
3    (c)(1) The transportation agency shall develop, with the
4assistance of a licensed design professional, the request for
5qualifications and the request for proposals, which shall
6include scope and performance criteria. The scope and
7performance criteria must be in sufficient detail and contain
8adequate information to reasonably apprise the private
9entities of the transportation agency's overall programmatic
10needs and goals, including criteria and preliminary design
11plans, general budget parameters, schedule, and delivery
13    (2) Each request for qualifications and request for
14proposals shall also include a description of the level of
15design to be provided in the proposals. This description must
16include the scope and type of renderings, drawings, and
17specifications that, at a minimum, will be required by the
18transportation agency to be produced by the private entities.
19    (3) The scope and performance criteria shall be prepared by
20a design professional who is an employee of the transportation
21agency, or the transportation agency may contract with an
22independent design professional selected under the
23Architectural, Engineering, and Land Surveying Qualifications
24Based Selection Act to provide these services.
25    (4) The design professional that prepares the scope and
26performance criteria is prohibited from participating in any



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1private entity proposal for the project.
2    (d)(1) The transportation agency must use a two phase
3procedure for the selection of the successful design-build
4entity. The request for qualifications phase will evaluate and
5shortlist the private entities based on qualifications, and the
6request for proposals will evaluate the technical and cost
8    (2) The transportation agency shall include in the request
9for qualifications the evaluating factors to be used in the
10request for qualifications phase. These factors are in addition
11to any prequalification requirements of private entities that
12the transportation agency has set forth. Each request for
13qualifications shall establish the relative importance
14assigned to each evaluation factor and subfactor, including any
15weighting of criteria to be employed by the transportation
16agency. The transportation agency must maintain a record of the
17evaluation scoring to be disclosed in event of a protest
18regarding the solicitation.
19    The transportation agency shall include the following
20criteria in every request for qualifications phase evaluation
21of private entities: (i) experience of personnel; (ii)
22successful experience with similar project types; (iii)
23financial capability; (iv) timeliness of past performance; (v)
24experience with similarly sized projects; (vi) successful
25reference checks of the firm; (vii) commitment to assign
26personnel for the duration of the project and qualifications of



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1the entity's consultants; and (viii) ability or past
2performance in meeting or exhausting good faith efforts to meet
3the utilization goals for business enterprises established in
4the Business Enterprise for Minorities, Females, and Persons
5with Disabilities Act and in complying with Section 2-105 of
6the Illinois Human Rights Act. No proposal shall be considered
7that does not include an entity's plan to comply with the
8requirements regarding established in the minority and women
9business enterprises and economically disadvantaged firms
10established by the corporate authorities of the transportation
11agency and with Section 2-105 of the Illinois Human Rights Act.
12The transportation agency may include any additional relevant
13criteria in the request for qualifications phase that it deems
14necessary for a proper qualification review.
15    Upon completion of the qualifications evaluation, the
16transportation agency shall create a shortlist of the most
17highly qualified private entities.
18    The transportation agency shall notify the entities
19selected for the shortlist in writing. This notification shall
20commence the period for the preparation of the request for
21proposals phase technical and cost evaluations. The
22transportation agency must allow sufficient time for the
23shortlist entities to prepare their proposals considering the
24scope and detail requested by the transportation agency.
25    (3) The transportation agency shall include in the request
26for proposals the evaluating factors to be used in the



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1technical and cost submission components. Each request for
2proposals shall establish, for both the technical and cost
3submission components, the relative importance assigned to
4each evaluation factor and subfactor, including any weighting
5of criteria to be employed by the transportation agency. The
6transportation agency must maintain a record of the evaluation
7scoring to be disclosed in event of a protest regarding the
9    The transportation agency shall include the following
10criteria in every request for proposals phase technical
11evaluation of private entities: (i) compliance with objectives
12of the project; (ii) compliance of proposed services to the
13request for proposal requirements; (iii) compliance with the
14request for proposal requirements quality of products or
15materials proposed; (iv) quality of design parameters; and (v)
16design concepts; (vi) innovation in meeting the scope and
17performance criteria; and (vii) constructability of the
18proposed project. The transportation agency may include any
19additional relevant technical evaluation factors it deems
20necessary for proper selection.
21    The transportation agency shall include the following
22criteria in every request for proposals phase cost evaluation:
23the total project cost and the time of completion. The
24transportation agency may include any additional relevant
25technical evaluation factors it deems necessary for proper
26selection. The guaranteed maximum project cost criteria



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1weighing factor shall not exceed 30%.
2    The transportation agency shall directly employ or retain a
3licensed design professional to evaluate the technical and cost
4submissions to determine if the technical submissions are in
5accordance with generally accepted industry standards.
6    (e) Statements of qualifications and proposals must be
7properly identified and sealed. Statements of qualifications
8and proposals may not be reviewed until after the deadline for
9submission has passed as set forth in the request for
10qualifications or the request for proposals. All private
11entities submitting statements of qualifications or proposals
12shall be disclosed after the deadline for submission, and all
13private entities who are selected for request for proposals
14phase evaluation shall also be disclosed at the time of that
16    Design-build Phase II design-build proposals shall include
17a bid bond in the form and security as designated in the
18request for proposals. Proposals shall also contain a separate
19sealed envelope with the cost information within the overall
20proposal submission. Proposals shall include a list of all
21design professionals and other entities to which any work
22identified in Section 30-30 of the Illinois Procurement Code as
23a subdivision of construction work may be subcontracted during
24the performance of the contract to the extent known at the time
25of proposal. If the information is not known at the time of
26proposal, then the design-build agreement shall require the



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1identification prior to a previously unlisted subcontractor
2commencing work on the transportation project.
3    Statements of qualifications and proposals must meet all
4material requirements of the request for qualifications or
5request for proposals, or else they may be rejected as
6non-responsive. The transportation agency shall have the right
7to reject any and all statements of qualifications and
9    The private entity's proprietary intellectual property
10contained in the drawings and specifications of any
11unsuccessful statement of qualifications or proposal shall
12remain the property of the private entity.
13    The transportation agency shall review the statements of
14qualifications and the proposals for compliance with the
15performance criteria and evaluation factors.
16    Statements of qualifications and proposals may be
17withdrawn prior to the due date and time for submissions for
18any cause. After evaluation begins by the transportation
19agency, clear and convincing evidence of error is required for
21(Source: P.A. 97-502, eff. 8-23-11.)
22    (630 ILCS 5/35)
23    Sec. 35. Public-private agreements.
24    (a) Unless undertaking actions otherwise permitted in an
25interim agreement entered into under Section 30 of this Act,



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1before developing, financing, or operating the transportation
2project, the approved proposer shall enter into a
3public-private agreement with the transportation agency.
4Subject to the requirements of this Act, a public-private
5agreement may provide that the approved proposer, acting on
6behalf of the transportation agency, is partially or entirely
7responsible for any combination of developing, financing, or
8operating the transportation project under terms set forth in
9the public-private agreement.
10    (b) The public-private agreement may, as determined
11appropriate by the transportation agency for the particular
12transportation project, provide for some or all of the
14        (1) Development Construction, financing, and operation
15    of the transportation project under terms set forth in the
16    public-private agreement, in any form as deemed
17    appropriate by the transportation agency, including, but
18    not limited to, a long-term concession and lease, a
19    design-bid-build agreement, a design-build agreement, a
20    design-build-maintain agreement, a design-build-finance
21    agreement, a design-build-operate-maintain agreement and a
22    design-build-finance-operate-maintain agreement.
23        (2) Delivery of performance and payment bonds or other
24    performance security determined suitable by the
25    transportation agency, including letters of credit, United
26    States bonds and notes, parent guaranties, and cash



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1    collateral, in connection with the development, financing,
2    or operation of the transportation project, in the forms
3    and amounts set forth in the public-private agreement or
4    otherwise determined as satisfactory by the transportation
5    agency to protect the transportation agency and payment
6    bond beneficiaries who have a direct contractual
7    relationship with the contractor or a subcontractor of the
8    contractor to supply labor or material. The payment or
9    performance bond or alternative form of performance
10    security is not required for the portion of a
11    public-private agreement that includes only design,
12    planning, or financing services, the performance of
13    preliminary studies, or the acquisition of real property.
14        (3) Review of plans for any development or operation,
15    or both, of the transportation project by the
16    transportation agency.
17        (4) Inspection of any construction of or improvements
18    to the transportation project by the transportation agency
19    or another entity designated by the transportation agency
20    or under the public-private agreement to ensure that the
21    construction or improvements conform to the standards set
22    forth in the public-private agreement or are otherwise
23    acceptable to the transportation agency.
24        (5) Maintenance of:
25            (A) one or more policies of public liability
26        insurance (copies of which shall be filed with the



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1        transportation agency accompanied by proofs of
2        coverage); or
3            (B) self-insurance;
4    each in form and amount as set forth in the public-private
5    agreement or otherwise satisfactory to the transportation
6    agency as reasonably sufficient to insure coverage of tort
7    liability to the public and employees and to enable the
8    continued operation of the transportation project.
9        (6) Where operations are included within the
10    contractor's obligations under the public-private
11    agreement, monitoring of the maintenance practices of the
12    contractor by the transportation agency or another entity
13    designated by the transportation agency or under the
14    public-private agreement and the taking of the actions the
15    transportation agency finds appropriate to ensure that the
16    transportation project is properly maintained.
17        (7) Reimbursement to be paid to the transportation
18    agency as set forth in the public-private agreement for
19    services provided by the transportation agency.
20        (8) Filing of appropriate financial statements and
21    reports as set forth in the public-private agreement or as
22    otherwise in a form acceptable to the transportation agency
23    on a periodic basis.
24        (9) Compensation or payments to the contractor.
25    Compensation or payments may include any or a combination
26    of the following:



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1            (A) a base fee and additional fee for project
2        savings as the design-builder of a construction
3        project;
4            (B) a development fee, payable on a lump-sum basis,
5        progress payment basis, time and materials basis, or
6        another basis deemed appropriate by the transportation
7        agency;
8            (C) an operations fee, payable on a lump-sum basis,
9        time and material basis, periodic basis, or another
10        basis deemed appropriate by the transportation agency;
11            (D) some or all of the revenues, if any, arising
12        out of operation of the transportation project;
13            (E) a maximum rate of return on investment or
14        return on equity or a combination of the two;
15            (F) in-kind services, materials, property,
16        equipment, or other items;
17            (G) compensation in the event of any termination;
18            (H) availability payments or similar arrangements
19        whereby payments are made to the contractor pursuant to
20        the terms set forth in the public-private agreement or
21        related agreements; or
22            (I) other compensation set forth in the
23        public-private agreement or otherwise deemed
24        appropriate by the transportation agency.
25        (10) Compensation or payments to the transportation
26    agency, if any. Compensation or payments may include any or



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1    a combination of the following:
2            (A) a concession or lease payment or other fee,
3        which may be payable upfront or on a periodic basis or
4        on another basis deemed appropriate by the
5        transportation agency;
6            (B) sharing of revenues, if any, from the operation
7        of the transportation project;
8            (C) sharing of project savings from the
9        construction of the transportation project;
10            (D) payment for any services, materials,
11        equipment, personnel, or other items provided by the
12        transportation agency to the contractor under the
13        public-private agreement or in connection with the
14        transportation project; or
15            (E) other compensation set forth in the
16        public-private agreement or otherwise deemed
17        appropriate by the transportation agency.
18        (11) The date and terms of termination of the
19    contractor's authority and duties under the public-private
20    agreement and the circumstances under which the
21    contractor's authority and duties may be terminated prior
22    to that date.
23        (12) Reversion of the transportation project to the
24    transportation agency at the termination or expiration of
25    the public-private agreement.
26        (13) Rights and remedies of the transportation agency



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1    in the event that the contractor defaults or otherwise
2    fails to comply with the terms of the public-private
3    agreement.
4        (14) Procedures for the selection of professional
5    design firms and subcontractors, which shall include
6    procedures consistent with the Architectural, Engineering,
7    and Land Surveying Qualifications Based Selection Act for
8    the selection of professional design firms and may include,
9    in the discretion of the transportation agency, procedures
10    consistent with the low bid procurement procedures
11    outlined in the Illinois Procurement Code for the selection
12    of construction companies.
13        (15) Other terms, conditions, and provisions that the
14    transportation agency believes are in the public interest.
15    (c) The transportation agency may fix and revise the
16amounts of user fees that a contractor may charge and collect
17for the use of any part of a transportation project in
18accordance with the public-private agreement. In fixing the
19amounts, the transportation agency may establish maximum
20amounts for the user fees and may provide that the maximums and
21any increases or decreases of those maximums shall be based
22upon the indices, methodologies, or other factors the
23transportation agency considers appropriate.
24    (d) A public-private agreement may:
25        (1) authorize the imposition of tolls in any manner
26    determined appropriate by the transportation agency for



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1    the transportation project;
2        (2) authorize the contractor to adjust the user fees
3    for the use of the transportation project, so long as the
4    amounts charged and collected by the contractor do not
5    exceed the maximum amounts established by the
6    transportation agency under the public-private agreement
7    this Act;
8        (3) provide that any adjustment by the contractor
9    permitted under paragraph (2) of this subsection (d) may be
10    based on the indices, methodologies, or other factors
11    described in the public-private agreement or approved by
12    the transportation agency;
13        (4) authorize the contractor to charge and collect user
14    fees through methods, including, but not limited to,
15    automatic vehicle identification systems, electronic toll
16    collection systems, and, to the extent permitted by law,
17    global positioning system-based, photo-based, or
18    video-based toll collection enforcement, provided that to
19    the maximum extent feasible the contractor will (i) utilize
20    open road tolling methods that allow payment of tolls at
21    highway speeds and (ii) comply with United States
22    Department of Transportation requirements and best
23    practices with respect to tolling methods; and
24        (5) authorize the collection of user fees by a third
25    party.
26    (e) In the public-private agreement, the transportation



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1agency may agree to make grants or loans for the development or
2operation, or both, of the transportation project from time to
3time from amounts received from the federal government or any
4agency or instrumentality of the federal government or from any
5State or local agency.
6    (f) Upon the termination or expiration of the
7public-private agreement, including a termination for default,
8the transportation agency shall have the right to take over the
9transportation project and to succeed to all of the right,
10title, and interest in the transportation project, subject to
11any liens on revenues previously granted by the contractor to
12any person providing financing for the transportation project.
13Upon termination or expiration of the public-private agreement
14relating to a transportation project undertaken by the
15Department, all real property acquired as a part of the
16transportation project shall be held in the name of the State
17of Illinois. Upon termination or expiration of the
18public-private agreement relating to a transportation project
19undertaken by the Authority, all real property acquired as a
20part of the transportation project shall be held in the name of
21the Authority.
22    (g) If a transportation agency elects to take over a
23transportation project as provided in subsection (f) of this
24Section, the transportation agency may do the following:
25        (1) develop, finance, or operate the project,
26    including through a public-private agreement entered into



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1    in accordance with this Act; or
2        (2) impose, collect, retain, and use user fees, if any,
3    for the project.
4    (h) If a transportation agency elects to take over a
5transportation project as provided in subsection (f) of this
6Section, the transportation agency may use the revenues, if
7any, for any lawful purpose, including to:
8        (1) make payments to individuals or entities in
9    connection with any financing of the transportation
10    project, including through a public-private agreement
11    entered into in accordance with this Act;
12        (2) permit a contractor to receive some or all of the
13    revenues under a public-private agreement entered into
14    under this Act;
15        (3) pay development costs of the project;
16        (4) pay current operation costs of the project or
17    facilities;
18        (5) pay the contractor for any compensation or payment
19    owing upon termination; and
20        (6) pay for the development, financing, or operation of
21    any other project or projects the transportation agency
22    deems appropriate.
23    (i) The full faith and credit of the State or any political
24subdivision of the State or the transportation agency is not
25pledged to secure any financing of the contractor by the
26election to take over the transportation project. Assumption of



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1development or operation, or both, of the transportation
2project does not obligate the State or any political
3subdivision of the State or the transportation agency to pay
4any obligation of the contractor.
5    (j) The transportation agency may enter into a
6public-private agreement with multiple approved proposers if
7the transportation agency determines in writing that it is in
8the public interest to do so.
9    (k) A public-private agreement shall not include any
10provision under which the transportation agency agrees to
11restrict or to provide compensation to the private entity for
12the construction or operation of a competing transportation
13facility during the term of the public-private agreement.
14    (l) With respect to a public-private agreement entered into
15by the Department, the Department shall certify in its State
16budget request to the Governor each year the amount required by
17the Department during the next State fiscal year to enable the
18Department to make any payment obligated to be made by the
19Department pursuant to that public-private agreement, and the
20Governor shall include that amount in the State budget
21submitted to the General Assembly.
22(Source: P.A. 97-502, eff. 8-23-11.)
23    (630 ILCS 5/40)
24    Sec. 40. Development and operations standards for
25transportation projects.



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1    (a) The plans and specifications, if any, for each project
2developed under this Act must comply with:
3        (1) the transportation agency's standards for other
4    projects of a similar nature or as otherwise provided in
5    the public-private agreement;
6        (2) the Professional Engineering Practice Act of 1989,
7    the Structural Engineering Practice Act of 1989, the
8    Illinois Architecture Practice Act of 1989, the
9    requirements of Section 30-22 of the Illinois Procurement
10    Code as they apply to responsible bidders, and the Illinois
11    Professional Land Surveyor Act of 1989; and
12        (3) any other applicable State or federal standards.
13    (b) Each highway project constructed or operated under this
14Act is considered to be part of:
15        (1) the State highway system for purposes of
16    identification, maintenance standards, and enforcement of
17    traffic laws if the highway project is under the
18    jurisdiction of the Department; or
19        (2) the toll highway system for purposes of
20    identification, maintenance standards, and enforcement of
21    traffic laws if the highway project is under the
22    jurisdiction of the Authority.
23    (c) Any unit of local government or State agency may enter
24into agreements with the contractor for maintenance or other
25services under this Act.
26    (d) Any electronic toll collection system used on a toll



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1highway, bridge, or tunnel as part of a transportation project
2must be compatible with the electronic toll collection system
3used by the Authority. The Authority is authorized to
4construct, operate, and maintain any electronic toll
5collection system used on a toll highway, bridge, or tunnel as
6part of a transportation project pursuant to an agreement with
7the transportation agency or the contractor responsible for the
8transportation project. All private entities and public
9agencies shall have an equal opportunity to contract with the
10Authority to provide construction, operation, and maintenance
11services. In addition, during the procurement of a
12public-private agreement, these construction, operation, and
13maintenance services shall be available under identical terms
14to each private entity participating in the procurement. To the
15extent that a public-private agreement or an agreement with a
16public agency under subsection (c) of Section 20 of this Act
17authorizes tolling, the transportation agencies and any
18contractor under a public-private partnership or a public
19agency under an agreement pursuant to subsection (c) of Section
2020 of this Act shall comply with subsection (a-5) of Section 10
21of the Toll Highway Act as it relates to toll enforcement.
22(Source: P.A. 97-502, eff. 8-23-11.)
23    (630 ILCS 5/45)
24    Sec. 45. Financial arrangements.
25    (a) The transportation agency may do any combination of



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1applying for, executing, or endorsing applications submitted
2by private entities to obtain federal, State, or local credit
3assistance for transportation projects developed, financed, or
4operated under this Act, including loans, lines of credit, and
6    (b) The transportation agency may take any action to obtain
7federal, State, or local assistance for a transportation
8project that serves the public purpose of this Act and may
9enter into any contracts required to receive the federal
10assistance. The transportation agency may determine that it
11serves the public purpose of this Act for all or any portion of
12the costs of a transportation project to be paid, directly or
13indirectly, from the proceeds of a grant or loan, line of
14credit, or loan guarantee made by a local, State, or federal
15government or any agency or instrumentality of a local, State,
16or federal government. Such assistance may include, but not be
17limited to, federal credit assistance pursuant to the
18Transportation Infrastructure Finance and Innovation Act
20    (c) The transportation agency may agree to make grants or
21loans for the development, financing, or operation of a
22transportation project from time to time, from amounts received
23from the federal, State, or local government or any agency or
24instrumentality of the federal, State, or local government.
25    (d) Any financing of a transportation project may be in the
26amounts and upon the terms and conditions that are determined



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1by the parties to the public-private agreement.
2    (e) For the purpose of financing a transportation project,
3the contractor and the transportation agency may do the
5        (1) propose to use any and all revenues that may be
6    available to them;
7        (2) enter into grant agreements;
8        (3) access any other funds available to the
9    transportation agency; and
10        (4) accept grants from the transportation agency or
11    other public or private agency or entity.
12    (f) For the purpose of financing a transportation project,
13public funds may be used and mixed and aggregated with funds
14provided by or on behalf of the contractor or other private
16    (g) For the purpose of financing a transportation project,
17each transportation agency is authorized to do any combination
18of applying for, executing, or endorsing applications for an
19allocation of tax-exempt bond financing authorization provided
20by Section 142(m) of the United States Internal Revenue Code,
21as well as financing available under any other federal law or
23    (h) Any bonds, debt, or other securities or other financing
24issued by or on behalf of a contractor for the purposes of a
25project undertaken under this Act shall not be deemed to
26constitute a debt of the State or any political subdivision of



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1the State or a pledge of the faith and credit of the State or
2any political subdivision of the State.
3(Source: P.A. 97-502, eff. 8-23-11.)
4    (630 ILCS 5/90 new)
5    Sec. 90. Public-Private Partnerships for Transportation
6Fund. The Public-Private Partnerships for Transportation Fund
7is created as a special fund in the State treasury. Moneys in
8the Public-Private Partnerships for Transportation Fund shall
9be appropriated to the Department of Transportation to promote
10the development, financing, and operation of transportation
11facilities under this Act. Investment income which is
12attributable to the investment of moneys in the Public-Private
13Partnerships for Transportation Fund shall be retained in the
14Public-Private Partnerships for Transportation Fund.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".