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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Private Agreements for the Illiana | ||||||
5 | Expressway Act is amended by changing Section 25 as follows: | ||||||
6 | (605 ILCS 130/25)
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7 | Sec. 25. Provisions of the public private agreement. | ||||||
8 | (a) The public private agreement shall include all of the | ||||||
9 | following: | ||||||
10 | (1) The term of the public private agreement that is | ||||||
11 | consistent with Section 15 of this Act; | ||||||
12 | (2) The powers, duties, responsibilities, obligations, | ||||||
13 | and functions of the Department and the contractor; | ||||||
14 | (3) Compensation or payments to the Department, if | ||||||
15 | applicable; | ||||||
16 | (4) Compensation or payments to the contractor; | ||||||
17 | (5) A provision specifying that the Department: | ||||||
18 | (A) has ready access to information regarding the | ||||||
19 | contractor's powers, duties, responsibilities, | ||||||
20 | obligations, and functions under the public private | ||||||
21 | agreement; | ||||||
22 | (B) has the right to demand and receive information | ||||||
23 | from the contractor concerning any aspect of the |
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1 | contractor's powers, duties, responsibilities, | ||||||
2 | obligations, and functions under the public private | ||||||
3 | agreement; and | ||||||
4 | (C) has the authority to direct or countermand | ||||||
5 | decisions by the contractor at any time; | ||||||
6 | (6) A provision imposing an affirmative duty on the | ||||||
7 | contractor to provide the Department with any information | ||||||
8 | the contractor reasonably believes the Department would | ||||||
9 | want to know or would need to know to enable the Department | ||||||
10 | to exercise its powers, carry out its duties, | ||||||
11 | responsibilities, and obligations, and perform its | ||||||
12 | functions under this Act or the public private agreement or | ||||||
13 | as otherwise required by law; | ||||||
14 | (7) A provision requiring the contractor to provide the | ||||||
15 | Department with advance notice of any decision that bears | ||||||
16 | significantly on the public interest so the Department has | ||||||
17 | a reasonable opportunity to evaluate and countermand that | ||||||
18 | decision pursuant to this Section; | ||||||
19 | (8) A requirement that the Department monitor and | ||||||
20 | oversee the contractor's practices and take action that the | ||||||
21 | Department considers appropriate to ensure that the | ||||||
22 | contractor is in compliance with the terms of the public | ||||||
23 | private agreement; | ||||||
24 | (9) The authority of the Department to enter into | ||||||
25 | contracts with third parties pursuant to Section 50 of this | ||||||
26 | Act; |
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1 | (10) A provision governing the contractor's authority | ||||||
2 | to negotiate and execute subcontracts with third parties; | ||||||
3 | (10.5) A provision stating that, in the event that the | ||||||
4 | contractor does not have a subcontract with a design-build | ||||||
5 | entity in effect at the time of execution of the | ||||||
6 | public-private agreement by the Department, the contractor | ||||||
7 | must the contractor finds it necessary, proper, or | ||||||
8 | desirable to enter into subcontracts with one or more | ||||||
9 | design-build entities, then it must follow a selection | ||||||
10 | process that is, to the greatest extent possible, identical | ||||||
11 | to the selection process contained in the Design-Build | ||||||
12 | Procurement Act; | ||||||
13 | (11) The authority of the contractor to impose user | ||||||
14 | fees and the amounts of those fees, including the authority | ||||||
15 | of the contractor to use congestion pricing, pursuant to | ||||||
16 | which higher tolls rates are imposed during times or in | ||||||
17 | locations of increased congestion; | ||||||
18 | (12) A provision governing the deposit and allocation | ||||||
19 | of revenues including user fees; | ||||||
20 | (13) A provision governing rights to real and personal | ||||||
21 | property of the State, the Department, the contractor, and | ||||||
22 | other third parties; | ||||||
23 | (14) A provision stating that the contractor must, | ||||||
24 | pursuant to Section 75 of this Act, finance an independent | ||||||
25 | audit if the construction costs under the contract exceed | ||||||
26 | $50,000,000; |
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1 | (15) A provision regarding the implementation and | ||||||
2 | delivery of a comprehensive system of internal audits; | ||||||
3 | (16) A provision regarding the implementation and | ||||||
4 | delivery of reports, which must include a requirement that | ||||||
5 | the contractor file with the Department, at least on an | ||||||
6 | annual basis, financial statements containing information | ||||||
7 | required by generally accepted accounting principles | ||||||
8 | (GAAP); | ||||||
9 | (17) Procedural requirements for obtaining the prior | ||||||
10 | approval of the Department when rights that are the subject | ||||||
11 | of the agreement, including but not limited to development | ||||||
12 | rights, construction rights, property rights, and rights | ||||||
13 | to certain revenues, are sold, assigned, transferred, or | ||||||
14 | pledged as collateral to secure financing or for any other | ||||||
15 | reason; | ||||||
16 | (18) Grounds for termination of the agreement by the | ||||||
17 | Department or the contractor and a restatement of the | ||||||
18 | Department's rights under Section 35 of this Act; | ||||||
19 | (19) A requirement that the contractor enter into a | ||||||
20 | project labor agreement pursuant to Section 100 of this | ||||||
21 | Act; | ||||||
22 | (19.5) A provision stating that construction | ||||||
23 | contractors shall comply with the requirements of Section | ||||||
24 | 30-22 of the Illinois Procurement Code pursuant to Section | ||||||
25 | 100 of this Act; | ||||||
26 | (20) Timelines, deadlines, and scheduling; |
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1 | (21) Review of plans, including development, | ||||||
2 | financing, construction, management, or operations plans, | ||||||
3 | by the Department; | ||||||
4 | (22) Inspections by the Department, including | ||||||
5 | inspections of construction work and improvements; | ||||||
6 | (23) Rights and remedies of the Department in the event | ||||||
7 | that the contractor defaults or otherwise fails to comply | ||||||
8 | with the terms of the agreement; | ||||||
9 | (24) A code of ethics for the contractor's officers and | ||||||
10 | employees; and | ||||||
11 | (25) Procedures for amendment to the agreement. | ||||||
12 | (b) The public private agreement may include any or all of | ||||||
13 | the following: | ||||||
14 | (1) A provision regarding the extension of the | ||||||
15 | agreement that is consistent with Section 15 of this Act; | ||||||
16 | (2) Cash reserves requirements; | ||||||
17 | (3) Delivery of performance and payment bonds or other | ||||||
18 | performance security in a form and amount that is | ||||||
19 | satisfactory to the Department; | ||||||
20 | (4) Maintenance of public liability insurance; | ||||||
21 | (5) Maintenance of self-insurance; | ||||||
22 | (6) Provisions governing grants and loans, pursuant to | ||||||
23 | which the Department may agree to make grants or loans for | ||||||
24 | the development, financing, construction, management, or | ||||||
25 | operation of the Illiana Expressway project from time to | ||||||
26 | time from amounts received from the federal government or |
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1 | any agency or instrumentality of the federal government or | ||||||
2 | from any State or local agency; | ||||||
3 | (7) Reimbursements to the Department for work | ||||||
4 | performed and goods, services, and equipment provided by | ||||||
5 | the Department; and | ||||||
6 | (8) All other terms, conditions, and provisions | ||||||
7 | acceptable to the Department that the Department deems | ||||||
8 | necessary and proper and in the public interest.
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9 | (Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)
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