Illinois General Assembly - Full Text of SB3216
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Full Text of SB3216  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/1/2012, by Sen. Heather A. Steans


630 ILCS 5/10
630 ILCS 5/15
630 ILCS 5/20
630 ILCS 5/25
630 ILCS 5/35
630 ILCS 5/40
630 ILCS 5/45
630 ILCS 5/65

    Amends the Public-Private Partnerships for Transportation Act. Defines "design-build agreement" and "shortlist". Provides that the net proceeds, if any, arising out of a transportation project or public-private agreement undertaken by the Department of Transportation under the Act shall be deposited into the Road (instead of the State Construction Account) Fund. Removes language providing that the Toll Highway Authority shall not enter into a public-private agreement for the purpose of making roadway improvements. Provides hearing requirements to address potential projects submitted to the General Assembly under the Act. Makes other changes in the Section concerning formation of public-private agreements and project planning. Replaces provisions concerning the selection of design work contractors and procurement procedure provisions for public agencies. Replaces prequalification provisions with provisions concerning shortlisting. Re-letters the subsections of a Section concerning procurement process and makes other changes to that Section. Makes changes in a Section concerning design-build procurement. Replaces "construction" with "development" and adds design-build-finance agreements to the list of acceptable forms of agreement. Removes language making a transportation agency taking over a project subject to liens on revenues which had been previously granted by the contractor. Provides that public and private entities shall have an equal opportunity to contract with the Authority. Makes a change in the Section concerning financial arrangements. Provides that a public-private agreement may not exceed 65 (instead of 99) years. Effective immediately.

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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public-Private Partnerships for
5Transportation Act is amended by changing Sections 10, 15, 20,
625, 35, 40, 45, and 65 as follows:
7    (630 ILCS 5/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Approved proposal" means the proposal that is approved by
10the transportation agency pursuant to subsection (j) (e) of
11Section 20 of this Act.
12    "Approved proposer" means the private entity whose
13proposal is the approved proposal.
14    "Authority" means the Illinois State Toll Highway
16    "Contractor" means a private entity that has entered into a
17public-private agreement with the transportation agency to
18provide services to or on behalf of the transportation agency.
19    "Department" means the Illinois Department of
21    "Design-build agreement" means the agreement between the
22selected private entity and the transportation agency under
23which the selected private entity agrees to furnish design,



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1construction, and related services for a transportation
2facility under this Act.
3    "Develop" or "development" means to do one or more of the
4following: plan, design, develop, lease, acquire, install,
5construct, reconstruct, rehabilitate, extend, or expand.
6    "Maintain" or "maintenance" includes ordinary maintenance,
7repair, rehabilitation, capital maintenance, maintenance
8replacement, and any other categories of maintenance that may
9be designated by the transportation agency.
10    "Metropolitan planning organization" means a metropolitan
11planning organization designated under 23 U.S.C. Section 134
12whose metropolitan planning area boundaries are partially or
13completely within the State.
14    "Operate" or "operation" means to do one or more of the
15following: maintain, improve, equip, modify, or otherwise
17    "Private entity" means any combination of one or more
18individuals, corporations, general partnerships, limited
19liability companies, limited partnerships, joint ventures,
20business trusts, nonprofit entities, or other business
21entities that are parties to a proposal for a transportation
22project or an agreement related to a transportation project. A
23public agency may provide services to a contractor as a
24subcontractor or subconsultant without affecting the private
25status of the private entity and the ability to enter into a
26public-private agreement.



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1    "Proposal" means all materials and documents prepared by or
2on behalf of a private entity relating to the proposed
3development, financing, or operation of a transportation
4facility as a transportation project.
5    "Proposer" means a private entity that has submitted a
6proposal or statement of qualifications for a public-private
7agreement in response to a request for proposals or a request
8for qualifications issued by a transportation agency under this
10    "Public-private agreement" means the public-private
11agreement between the contractor and the transportation agency
12relating to one or more of the development, financing, or
13operation of a transportation project that is entered into
14under this Act.
15    "Request for information" means all materials and
16documents prepared by or on behalf of the transportation agency
17to solicit information from private entities with respect to
18transportation projects.
19    "Request for proposals" means all materials and documents
20prepared by or on behalf of the transportation agency to
21solicit proposals from private entities to enter into a
22public-private agreement.
23    "Request for qualifications" means all materials and
24documents prepared by or on behalf of the transportation agency
25to solicit statements of qualification from private entities to
26enter into a public-private agreement.



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1    "Revenues" means all revenues, including any combination
2of: income; earnings and interest; user fees; lease payments;
3allocations; federal, State, and local appropriations, grants,
4loans, lines of credit, and credit guarantees; bond proceeds;
5equity investments; service payments; or other receipts;
6arising out of or in connection with a transportation project,
7including the development, financing, and operation of a
8transportation project. The term includes money received as
9grants, loans, lines of credit, credit guarantees, or otherwise
10in aid of a transportation project from the federal government,
11the State, a unit of local government, or any agency or
12instrumentality of the federal government, the State, or a unit
13of local government.
14    "Shortlist" means the process by which a transportation
15agency will review, evaluate, and rank statements of
16qualifications submitted in response to a request for
17qualifications and then identify the proposers who are eligible
18to submit a detailed proposal in response to a request for
19proposals. The identified proposers constitute the shortlist
20for the transportation project to which the request for
21proposals relates.
22    "Transportation agency" means (i) the Department or (ii)
23the Authority.
24    "Transportation facility" means any new or existing road,
25highway, toll highway, bridge, tunnel, intermodal facility,
26intercity or high-speed passenger rail, or other



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1transportation facility or infrastructure, excluding airports,
2under the jurisdiction of the Department or the Authority. The
3term "transportation facility" may refer to one or more
4transportation facilities that are proposed to be developed or
5operated as part of a single transportation project.
6    "Transportation project" or "project" means any or the
7combination of the development, financing, or operation with
8respect to all or a portion of any transportation facility
9under the jurisdiction of the transportation agency,
10undertaken pursuant to this Act.
11    "Unit of local government" has the meaning ascribed to that
12term in Article VII, Section 1 of the Constitution of the State
13of Illinois and also means any unit designated as a municipal
15    "User fees" or "tolls" means the rates, tolls, fees, or
16other charges imposed by the contractor for use of all or a
17portion of a transportation project under a public-private
19(Source: P.A. 97-502, eff. 8-23-11.)
20    (630 ILCS 5/15)
21    Sec. 15. Formation of public-private agreements; project
23    (a) Each transportation agency may exercise the powers
24granted by this Act to do some or all to develop, finance, and
25operate any part of one or more transportation projects through



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1public-private agreements with one or more private entities.
2The net proceeds, if any, arising out of a transportation
3project or public-private agreement undertaken by the
4Department pursuant to this Act shall be deposited into the
5Road State Construction Account Fund. The net proceeds arising
6out of a transportation project or public-private agreement
7undertaken by the Authority pursuant to this Act shall be
8deposited into the Illinois State Toll Highway Authority Fund
9and shall be used only as authorized by Section 23 of the Toll
10Highway Act.
11    (b) The Authority shall not enter into a public-private
12agreement involving a lease or other transfer of any toll
13highway, or portions thereof, under the Authority's
14jurisdiction which were open to vehicular traffic on the
15effective date of this Act. The Authority shall not enter into
16a public-private agreement for the purpose of making roadway
17improvements, including but not limited to reconstruction,
18adding lanes, and adding ramps, to any toll highway, or
19portions thereof, under the Authority's jurisdiction which
20were open to vehicular traffic on the effective date of this
21Act. The Authority shall not use any revenue generated by any
22toll highway, or portions thereof, under the Authority's
23jurisdiction which were open to vehicular traffic on the
24effective date of this Act to enter into or provide funding for
25a public-private agreement. The Authority shall not use any
26asset, or the proceeds from the sale or lease of any such



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1asset, which was owned by the Authority on the effective date
2of this Act to enter into or provide funding for a
3public-private agreement. The Authority may enter into a
4public-private partnership to develop, finance, and operate
5new toll highways authorized by the Governor and the General
6Assembly pursuant to Section 14.1 of the Toll Highway Act,
7non-highway transportation projects on the toll highway system
8such as commuter rail or high-speed rail lines, and intelligent
9transportation infrastructure that will enhance the safety,
10efficiency, and environmental quality of the toll highway
11system. The Authority may operate or provide operational
12services such as toll collection on highways which are
13developed or financed, or both, through a public-private
14agreement entered into by another public entity, under an
15agreement with the public entity or contractor responsible for
16the transportation project.
17    (c) A contractor has:
18        (1) all powers allowed by law generally to a private
19    entity having the same form of organization as the
20    contractor; and
21        (2) the power to develop, finance, and operate the
22    transportation facility and to impose user fees in
23    connection with the use of the transportation facility,
24    subject to the terms of the public-private agreement.
25    No tolls or user fees may be imposed by the contractor
26except as set forth in a public-private agreement.



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



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2    (g) Any new transportation facility developed as a project
3under this Act must be consistent with the regional plan then
4in existence of any metropolitan planning organization in whose
5boundaries the project is located.
6    (h) The transportation agency shall hold one or more public
7hearings within 30 days of each of its submittals to the
8General Assembly under subsection (d) of this Section. These
9public hearings shall address potential projects that the
10transportation agency submitted to the General Assembly for
11review under subsection (d). The transportation agency shall
12publish a notice of the hearing or hearings at least 7 days
13before a hearing takes place, and shall include the following
14in the notice: (i) the date, time, and place of the hearing and
15the address of the transportation agency; (ii) a brief
16description of the potential projects that the transportation
17agency is considering undertaking; and (iii) a statement that
18the public may comment on the potential projects.
19(Source: P.A. 97-502, eff. 8-23-11.)
20    (630 ILCS 5/20)
21    Sec. 20. Procurement process.
22    (a) A transportation agency seeking to enter into a
23public-private partnership with a private entity for the
24development, finance, and operation of a transportation
25facility as a transportation project shall determine and set



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1forth the criteria for the selection process. The
2transportation agency shall use (i) a competitive sealed
3bidding process, (ii) a competitive sealed proposal process, or
4(iii) a design-build procurement process in accordance with
5Section 25 of this Act. Before using one of these processes the
6transportation agency may use a request for information to
7obtain information relating to possible public-private
9    (b) If a transportation project will require the
10performance of design work, the transportation agency must use
11a selection process for the contractor that includes a request
12for qualifications phase to evaluate and shortlist private
13entities based on qualifications, including but not limited to
14design qualifications.
15    (c) Prior to commencing a procurement for a transportation
16project under this Act, the transportation agency shall notify
17any other applicable public agency, including the Authority in
18all cases involving toll facilities where the Department would
19commence the procurement, of its interest in undertaking the
20procurement and shall provide the other public agency or
21agencies with an opportunity to offer to develop and implement
22the transportation project. The transportation agency shall
23supply the other public agency or agencies with no less than
24the same level and type of information concerning the project
25that the transportation agency would supply to private entities
26in the procurement, unless that information is not then



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1available, in which case the transportation agency shall supply
2the other public agency or agencies with the maximum amount of
3relevant information about the project as is then reasonably
4available. The transportation agency shall make available to
5the other public agencies the same subsidies, benefits,
6concessions, and other consideration that it intends to make
7available to the private entities in the procurement.
8    The public agencies shall have a maximum period of 60 days
9to review the information about the proposed transportation
10project and to respond to the transportation agency in writing
11to accept or reject the opportunity to develop and implement
12the transportation project. If a public agency rejects the
13opportunity during the 60-day period, then the public agency
14may not participate in the procurement for the proposed
15transportation project by submitting a proposal on their own.
16If a public agency fails to accept or reject this opportunity
17in writing within the 60-day period, it shall be deemed to have
18rejected the opportunity.
19    If a public agency accepts the opportunity within the
2060-day period, then the public agency shall have up to 120 days
21(or a longer period, if extended by the transportation agency),
22to (i) submit to the transportation agency a reasonable plan
23for development of the transportation project; (ii) if
24applicable, make an offer of reasonable consideration for the
25opportunity to undertake the transportation project; and (iii)
26negotiate a mutually acceptable intergovernmental agreement or



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1make other arrangements with the transportation agency to
2facilitate the development of the transportation project. In
3considering whether a public agency's plan for developing and
4implementing the project is reasonable, the transportation
5agency shall consider the public agency's history of developing
6and implementing similar projects, the public agency's current
7capacity to develop and implement the proposed project, the
8user charges, if any, contemplated by the public agency's plan
9and how these user charges compare with user charges that would
10be imposed by a private entity developing and implementing the
11same project, the project delivery schedule proposed by the
12public agency and such other reasonable factors that are
13necessary, including consideration of risks as well as whether
14subsidy costs may be reduced, to determine whether development
15and implementation of the project by the public agency is in
16the best interest of the people of this State.
17    (d) If the transportation agency rejects or fails to
18negotiate mutually acceptable terms regarding a public
19agency's plan for developing and implementing the
20transportation project during the 120-day period described in
21subsection (c), then the public agency may not participate in
22the procurement for the proposed transportation project by
23submitting a proposal of its own. Following a rejection or
24failure to reach agreement regarding a public agency's plan, if
25the transportation agency later proceeds with a procurement in
26which it materially changes (i) the nature or scope of the



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1project; (ii) any subsidies, benefits, concessions, or other
2significant project-related considerations made available to
3the bidders; or (iii) any other terms of the project, as
4compared to when the transportation agency supplied
5information about the project to public agencies under
6subsection (c), then the transportation agency shall give
7public agencies another opportunity in accordance with
8subsection (c) to provide proposals for developing and
9implementing the project.
10    (e) Nothing in this Section 20 requires a transportation
11agency to go through a procurement process prior to developing
12and implementing a project through a public agency as described
13in subsection (c).
14    The selection of professional design firms by a
15transportation agency or private entity shall comply with the
16Architectural, Engineering, and Land Surveying Qualifications
17Based Selection Act or Section 25 of this Act.
18    Nothing in this Act shall preclude a public agency,
19including the Department or the Authority, from submitting a
20proposal to develop or operate, or to develop and operate, a
21transportation facility as a transportation project. The
22transportation agency shall give a proposal submitted by a
23public agency equal consideration as it gives proposals
24submitted by private entities, and, for that purpose, treat the
25public agency as a private entity.
26    (f) All procurement processes shall incorporate



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1requirements and set forth goals for participation by
2disadvantaged business enterprises as allowed under State and
3federal law.
4    (g) (b) The transportation agency shall establish a process
5to shortlist for prequalification of all potential private
6entities. The transportation agency shall: (i) provide a public
7notice of the shortlisting prequalification process for such
8period as deemed appropriate by the agency; (ii) set forth
9requirements and evaluation criteria in a request for
10qualifications order to become prequalified; (iii) develop a
11shortlist by determining determine which private entities that
12have submitted statements of qualification prequalification
13applications, if any, meet the minimum requirements and best
14satisfy the evaluation criteria set forth in the request for
15qualifications; and (iv) allow only those entities, or groups
16of entities such as unincorporated joint ventures, that have
17been shortlisted prequalified to submit proposals or bids.
18Throughout the procurement period and as necessary following
19the award of a contract, the The transportation agency shall
20make publicly available on its website during the request for
21qualifications period information regarding firms that are
22prequalified by the transportation agency pursuant to Section
2320 of the Architectural, Engineering, and Land Surveying
24Qualifications Based Selection Act to provide architectural,
25engineering, and land surveying services. The transportation
26agencies and shall require private entities to use firms



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1prequalified under this Act to provide architectural,
2engineering, and land surveying services. Firms identified to
3provide architectural, engineering, and land surveying
4services in a statement of qualifications shall be prequalified
5under the Act to provide the identified services prior to the
6transportation agency's award of the contract the use of such
7firms for such services.
8    (h) (c) Competitive sealed bidding requirements:
9        (1) All contracts shall be awarded by competitive
10    sealed bidding except as otherwise provided in subsection
11    (i) (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



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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



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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    (i) (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



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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



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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    (j) (e) In the case of a proposal or proposals to the
17Department or the Authority, the transportation agency shall
18determine, based on its review and evaluation of the proposal
19or proposals received in response to the request for proposals,
20which one or more proposals, if any, best serve the public
21purpose of this Act and satisfy the criteria set forth in the
22request for proposals and, with respect to such proposal or
23proposals, 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,



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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
20by the Department or the Authority based upon the review,
21evaluation, and recommendation of the transportation agency,
22the review and report of the Commission on Government
23Forecasting and Accountability, the public hearing, and the
24best interests of the State.
25    (k) (f) In addition to any other rights under this Act, in
26connection with any procurement under this Act, the following



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1rights 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    (l) (g) If a proposal is approved, the transportation
23agency shall execute the public-private agreement, publish
24notice of the execution of the public-private agreement on its
25website and in a newspaper or newspapers of general circulation
26within the county or counties in which the transportation



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1project is to be located, and publish the entire agreement on
2its website. Any action to contest the validity of a
3public-private agreement entered into under this Act must be
4brought no later than 60 days after the date of publication of
5the notice of execution of the public-private agreement.
6    (m) (h) For any transportation project with an estimated
7construction cost of over $50,000,000, the transportation
8agency may also require the approved proposer to pay the costs
9for an independent audit of any and all traffic and cost
10estimates associated with the approved proposal, as well as a
11review of all public costs and potential liabilities to which
12taxpayers could be exposed (including improvements to other
13transportation facilities that may be needed as a result of the
14approved proposal, failure by the approved proposer to
15reimburse the transportation agency for services provided, and
16potential risk and liability in the event the approved proposer
17defaults on the public-private agreement or on bonds issued for
18the project). If required by the transportation agency, this
19independent audit must be conducted by an independent
20consultant selected by the transportation agency, and all
21information from the review must be fully disclosed.
22    (n) (i) The transportation agency may also apply for,
23execute, or endorse applications submitted by private entities
24to obtain federal credit assistance for qualifying projects
25developed or operated pursuant to this Act.
26(Source: P.A. 97-502, eff. 8-23-11.)



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1    (630 ILCS 5/25)
2    Sec. 25. Design-build procurement.
3    (a) This Section 25 shall apply only to transportation
4projects for which the Department or the Authority intends to
5execute a design-build agreement, in which case the Department
6or the Authority shall abide by the requirements and procedures
7of this Section 25 in addition to other applicable requirements
8and procedures set forth in this Act.
9    (b)(1) The transportation agency must issue a notice of
10intent to receive proposals for the project at least 14 days
11before issuing the request for the qualifications. The
12transportation agency must publish the advance notice in a
13daily newspaper of general circulation in the county where the
14transportation agency is located. The transportation agency is
15encouraged to use publication of the notice in related
16construction industry service publications. A brief
17description of the proposed procurement must be included in the
18notice. The transportation agency must provide a copy of the
19request for qualifications to any party requesting a copy.
20    (2) The request for qualifications shall be prepared for
21each project and must contain, without limitation, the
22following information: (i) the name of the transportation
23agency; (ii) a preliminary schedule for the completion of the
24contract; (iii) the proposed budget for the project and , the
25source of funds, to the extent not already reflected in the



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1Department's Multi-Year Highway Improvement Program and the
2currently available funds at the time the request for proposal
3is submitted; (iv) the shortlisting process prequalification
4criteria for design-build entities or groups of entities such
5as unincorporated joint ventures wishing to submit proposals
6(the transportation agency shall include, at a minimum, its
7normal prequalification, licensing, registration, and other
8requirements, but nothing contained herein precludes the use of
9additional prequalification criteria by the transportation
10agency); (v) a summary of anticipated material requirements of
11the contract, including but not limited to, the proposed terms
12and conditions, required performance and payment bonds,
13insurance, and the entity's plan to comply with the utilization
14goals established by the corporate authorities of the
15transportation agency for minority and women business
16enterprises and compliance to comply with Section 2-105 of the
17Illinois Human Rights Act; and (vi) the performance criteria;
18(vii) the evaluation criteria for each phase of the
19solicitation; and (viii) the anticipated number of entities
20that will be shortlisted considered for the request for
21proposals phase.
22    (3) The transportation agency may include any other
23relevant information in the request for qualifications that it
24chooses to supply. The private entity shall be entitled to rely
25upon the accuracy of this documentation in the development of
26its statement of qualifications and its proposal only to the



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1extent expressly warranted by the transportation agency.
2    (4) The date that statements of qualifications are due must
3be at least 21 calendar days after the date of the issuance of
4the request for qualifications. In the event the cost of the
5project is estimated to exceed $12,000,000, then the statement
6of qualifications due date must be at least 28 calendar days
7after the date of the issuance of the request for
8qualifications. The transportation agency shall include in the
9request for proposals a minimum of 30 days to develop the
10proposals after the selection of entities from the evaluation
11of the statements of qualifications is completed.
12    (c)(1) The transportation agency shall develop, with the
13assistance of a licensed design professional, the request for
14qualifications and the request for proposals, which shall
15include scope and performance criteria. The scope and
16performance criteria must be in sufficient detail and contain
17adequate information to reasonably apprise the private
18entities of the transportation agency's overall programmatic
19needs and goals, including criteria and preliminary design
20plans, general budget parameters, schedule, and delivery
22    (2) Each request for qualifications and request for
23proposals shall also include a description of the level of
24design to be provided in the proposals. This description must
25include the scope and type of renderings, drawings, and
26specifications that, at a minimum, will be required by the



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1transportation agency to be produced by the private entities.
2    (3) The scope and performance criteria shall be prepared by
3a design professional who is an employee of the transportation
4agency, or the transportation agency may contract with an
5independent design professional selected under the
6Architectural, Engineering, and Land Surveying Qualifications
7Based Selection Act to provide these services.
8    (4) The design professional that prepares the scope and
9performance criteria is prohibited from participating in any
10private entity proposal for the project.
11    (d)(1) The transportation agency must use a two phase
12procedure for the selection of the successful design-build
13entity. The request for qualifications phase will evaluate and
14shortlist the private entities based on qualifications, and the
15request for proposals will evaluate the technical and cost
17    (2) The transportation agency shall include in the request
18for qualifications the evaluating factors to be used in the
19request for qualifications phase. These factors are in addition
20to any prequalification requirements of private entities that
21the transportation agency has set forth. Each request for
22qualifications shall establish the relative importance
23assigned to each evaluation factor and subfactor, including any
24weighting of criteria to be employed by the transportation
25agency. The transportation agency must maintain a record of the
26evaluation scoring to be disclosed in event of a protest



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1regarding the solicitation.
2    The transportation agency shall include the following
3criteria in every request for qualifications phase evaluation
4of private entities: (i) experience of personnel; (ii)
5successful experience with similar project types; (iii)
6financial capability; (iv) timeliness of past performance; (v)
7experience with similarly sized projects; (vi) successful
8reference checks of the firm; (vii) commitment to assign
9personnel for the duration of the project and qualifications of
10the entity's consultants; and (viii) ability or past
11performance in meeting or exhausting good faith efforts to meet
12the utilization goals for business enterprises established in
13the Business Enterprise for Minorities, Females, and Persons
14with Disabilities Act and in complying with Section 2-105 of
15the Illinois Human Rights Act. No proposal shall be considered
16that does not include an entity's plan to comply with the
17requirements regarding established in the minority and women
18business enterprises and economically disadvantaged firms
19established by the corporate authorities of the transportation
20agency and with Section 2-105 of the Illinois Human Rights Act.
21The transportation agency may include any additional relevant
22criteria in the request for qualifications phase that it deems
23necessary for a proper qualification review.
24    Upon completion of the qualifications evaluation, the
25transportation agency shall create a shortlist of the most
26highly qualified private entities.



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1    The transportation agency shall notify the entities
2selected for the shortlist in writing. This notification shall
3commence the period for the preparation of the request for
4proposals phase technical and cost evaluations. The
5transportation agency must allow sufficient time for the
6shortlist entities to prepare their proposals considering the
7scope and detail requested by the transportation agency.
8    (3) The transportation agency shall include in the request
9for proposals the evaluating factors to be used in the
10technical and cost submission components. Each request for
11proposals shall establish, for both the technical and cost
12submission components, the relative importance assigned to
13each evaluation factor and subfactor, including any weighting
14of criteria to be employed by the transportation agency. The
15transportation agency must maintain a record of the evaluation
16scoring to be disclosed in event of a protest regarding the
18    The transportation agency shall include the following
19criteria in every request for proposals phase technical
20evaluation of private entities: (i) compliance with objectives
21of the project; (ii) compliance of proposed services to the
22request for proposal requirements; (iii) compliance with the
23request for proposal requirements quality of products or
24materials proposed; (iv) quality of design parameters; and (v)
25design concepts; (vi) innovation in meeting the scope and
26performance criteria; and (vii) constructability of the



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1proposed project. The transportation agency may include any
2additional relevant technical evaluation factors it deems
3necessary for proper selection.
4    The transportation agency shall include the following
5criteria in every request for proposals phase cost evaluation:
6the total project cost and the time of completion. The
7transportation agency may include any additional relevant
8technical evaluation factors it deems necessary for proper
9selection. The guaranteed maximum project cost criteria
10weighing factor shall not exceed 30%.
11    The transportation agency shall directly employ or retain a
12licensed design professional to evaluate the technical and cost
13submissions to determine if the technical submissions are in
14accordance with generally accepted industry standards.
15    (e) Statements of qualifications and proposals must be
16properly identified and sealed. Statements of qualifications
17and proposals may not be reviewed until after the deadline for
18submission has passed as set forth in the request for
19qualifications or the request for proposals. All private
20entities submitting statements of qualifications or proposals
21shall be disclosed after the deadline for submission, and all
22private entities who are selected for request for proposals
23phase evaluation shall also be disclosed at the time of that
25    Design-build Phase II design-build proposals shall include
26a bid bond in the form and security as designated in the



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1request for proposals. Proposals shall also contain a separate
2sealed envelope with the cost information within the overall
3proposal submission. Proposals shall include a list of all
4design professionals and other entities to which any work
5identified in Section 30-30 of the Illinois Procurement Code as
6a subdivision of construction work may be subcontracted during
7the performance of the contract to the extent known at the time
8of proposal. If the information is not known at the time of
9proposal, then the design-build agreement shall require such
10identification prior to a previously unlisted subcontractor
11commencing work on the transportation project.
12    Statements of qualifications and proposals must meet all
13material requirements of the request for qualifications or
14request for proposals, or else they may be rejected as
15non-responsive. The transportation agency shall have the right
16to reject any and all statements of qualifications and
18    The private entity's proprietary intellectual property
19contained in the drawings and specifications of any
20unsuccessful statement of qualifications or proposal shall
21remain the property of the private entity.
22    The transportation agency shall review the statements of
23qualifications and the proposals for compliance with the
24performance criteria and evaluation factors.
25    Statements of qualifications and proposals may be
26withdrawn prior to the due date and time for submissions for



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1any cause. After evaluation begins by the transportation
2agency, clear and convincing evidence of error is required for
4(Source: P.A. 97-502, eff. 8-23-11.)
5    (630 ILCS 5/35)
6    Sec. 35. Public-private agreements.
7    (a) Unless undertaking actions otherwise permitted in an
8interim agreement entered into under Section 30 of this Act,
9before developing, financing, or operating the transportation
10project, the approved proposer shall enter into a
11public-private agreement with the transportation agency.
12Subject to the requirements of this Act, a public-private
13agreement may provide that the approved proposer, acting on
14behalf of the transportation agency, is partially or entirely
15responsible for any combination of developing, financing, or
16operating the transportation project under terms set forth in
17the public-private agreement.
18    (b) The public-private agreement may, as determined
19appropriate by the transportation agency for the particular
20transportation project, provide for some or all of the
22        (1) Development Construction, financing, and operation
23    of the transportation project under terms set forth in the
24    public-private agreement, in any form as deemed
25    appropriate by the transportation agency, including, but



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1    not limited to, a long-term concession and lease, a
2    design-bid-build agreement, a design-build agreement, a
3    design-build-maintain agreement, a design-build-finance
4    agreement, a design-build-operate-maintain agreement and a
5    design-build-finance-operate-maintain agreement.
6        (2) Delivery of performance and payment bonds or other
7    performance security determined suitable by the
8    transportation agency, including letters of credit, United
9    States bonds and notes, parent guaranties, and cash
10    collateral, in connection with the development, financing,
11    or operation of the transportation project, in the forms
12    and amounts set forth in the public-private agreement or
13    otherwise determined as satisfactory by the transportation
14    agency to protect the transportation agency and payment
15    bond beneficiaries who have a direct contractual
16    relationship with the contractor or a subcontractor of the
17    contractor to supply labor or material. The payment or
18    performance bond or alternative form of performance
19    security is not required for the portion of a
20    public-private agreement that includes only design,
21    planning, or financing services, the performance of
22    preliminary studies, or the acquisition of real property.
23        (3) Review of plans for any development or operation,
24    or both, of the transportation project by the
25    transportation agency.
26        (4) Inspection of any construction of or improvements



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1    to the transportation project by the transportation agency
2    or another entity designated by the transportation agency
3    or under the public-private agreement to ensure that the
4    construction or improvements conform to the standards set
5    forth in the public-private agreement or are otherwise
6    acceptable to the transportation agency.
7        (5) Maintenance of:
8            (A) one or more policies of public liability
9        insurance (copies of which shall be filed with the
10        transportation agency accompanied by proofs of
11        coverage); or
12            (B) self-insurance;
13    each in form and amount as set forth in the public-private
14    agreement or otherwise satisfactory to the transportation
15    agency as reasonably sufficient to insure coverage of tort
16    liability to the public and employees and to enable the
17    continued operation of the transportation project.
18        (6) Where operations are included within the
19    contractor's obligations under the public-private
20    agreement, monitoring of the maintenance practices of the
21    contractor by the transportation agency or another entity
22    designated by the transportation agency or under the
23    public-private agreement and the taking of the actions the
24    transportation agency finds appropriate to ensure that the
25    transportation project is properly maintained.
26        (7) Reimbursement to be paid to the transportation



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



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1            (H) availability payments or similar arrangements
2        whereby payments are made to the contractor pursuant to
3        the terms set forth in the public-private agreement or
4        related agreements; or
5            (I) other compensation set forth in the
6        public-private agreement or otherwise deemed
7        appropriate by the transportation agency.
8        (10) Compensation or payments to the transportation
9    agency, if any. Compensation or payments may include any or
10    a combination of the following:
11            (A) a concession or lease payment or other fee,
12        which may be payable upfront or on a periodic basis or
13        on another basis deemed appropriate by the
14        transportation agency;
15            (B) sharing of revenues, if any, from the operation
16        of the transportation project;
17            (C) sharing of project savings from the
18        construction of the transportation project;
19            (D) payment for any services, materials,
20        equipment, personnel, or other items provided by the
21        transportation agency to the contractor under the
22        public-private agreement or in connection with the
23        transportation project; or
24            (E) other compensation set forth in the
25        public-private agreement or otherwise deemed
26        appropriate by the transportation agency.



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1        (11) The date and terms of termination of the
2    contractor's authority and duties under the public-private
3    agreement and the circumstances under which the
4    contractor's authority and duties may be terminated prior
5    to that date.
6        (12) Reversion of the transportation project to the
7    transportation agency at the termination or expiration of
8    the public-private agreement.
9        (13) Rights and remedies of the transportation agency
10    in the event that the contractor defaults or otherwise
11    fails to comply with the terms of the public-private
12    agreement.
13        (14) Procedures for the selection of professional
14    design firms and subcontractors, which shall include
15    procedures consistent with the Architectural, Engineering,
16    and Land Surveying Qualifications Based Selection Act for
17    the selection of professional design firms and may include,
18    in the discretion of the transportation agency, procedures
19    consistent with the low bid procurement procedures
20    outlined in the Illinois Procurement Code for the selection
21    of construction companies.
22        (15) Other terms, conditions, and provisions that the
23    transportation agency believes are in the public interest.
24    (c) The transportation agency may fix and revise the
25amounts of user fees that a contractor may charge and collect
26for the use of any part of a transportation project in



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1accordance with the public-private agreement. In fixing the
2amounts, the transportation agency may establish maximum
3amounts for the user fees and may provide that the maximums and
4any increases or decreases of those maximums shall be based
5upon the indices, methodologies, or other factors the
6transportation agency considers appropriate.
7    (d) A public-private agreement may:
8        (1) authorize the imposition of tolls in any manner
9    determined appropriate by the transportation agency for
10    the transportation project;
11        (2) authorize the contractor to adjust the user fees
12    for the use of the transportation project, so long as the
13    amounts charged and collected by the contractor do not
14    exceed the maximum amounts established by the
15    transportation agency under the public-private agreement
16    this Act;
17        (3) provide that any adjustment by the contractor
18    permitted under paragraph (2) of this subsection (d) may be
19    based on the indices, methodologies, or other factors
20    described in the public-private agreement or approved by
21    the transportation agency;
22        (4) authorize the contractor to charge and collect user
23    fees through methods, including, but not limited to,
24    automatic vehicle identification systems, electronic toll
25    collection systems, and, to the extent permitted by law,
26    global positioning system-based, photo-based, or



SB3216- 38 -LRB097 19289 HEP 64535 b

1    video-based toll collection enforcement, provided that to
2    the maximum extent feasible the contractor will (i) utilize
3    open road tolling methods that allow payment of tolls at
4    highway speeds and (ii) comply with United States
5    Department of Transportation requirements and best
6    practices with respect to tolling methods; and
7        (5) authorize the collection of user fees by a third
8    party.
9    (e) In the public-private agreement, the transportation
10agency may agree to make grants or loans for the development or
11operation, or both, of the transportation project from time to
12time from amounts received from the federal government or any
13agency or instrumentality of the federal government or from any
14State or local agency.
15    (f) Upon the termination or expiration of the
16public-private agreement, including a termination for default,
17the transportation agency shall have the right to take over the
18transportation project and to succeed to all of the right,
19title, and interest in the transportation project, subject to
20any liens on revenues previously granted by the contractor to
21any person providing financing for the transportation project.
22Upon termination or expiration of the public-private agreement
23relating to a transportation project undertaken by the
24Department, all real property acquired as a part of the
25transportation project shall be held in the name of the State
26of Illinois. Upon termination or expiration of the



SB3216- 39 -LRB097 19289 HEP 64535 b

1public-private agreement relating to a transportation project
2undertaken by the Authority, all real property acquired as a
3part of the transportation project shall be held in the name of
4the Authority.
5    (g) If a transportation agency elects to take over a
6transportation project as provided in subsection (f) of this
7Section, the transportation agency may do the following:
8        (1) develop, finance, or operate the project,
9    including through a public-private agreement entered into
10    in accordance with this Act; or
11        (2) impose, collect, retain, and use user fees, if any,
12    for the project.
13    (h) If a transportation agency elects to take over a
14transportation project as provided in subsection (f) of this
15Section, the transportation agency may use the revenues, if
16any, for any lawful purpose, including to:
17        (1) make payments to individuals or entities in
18    connection with any financing of the transportation
19    project, including through a public-private agreement
20    entered into in accordance with this Act;
21        (2) permit a contractor to receive some or all of the
22    revenues under a public-private agreement entered into
23    under this Act;
24        (3) pay development costs of the project;
25        (4) pay current operation costs of the project or
26    facilities;



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1        (5) pay the contractor for any compensation or payment
2    owing upon termination; and
3        (6) pay for the development, financing, or operation of
4    any other project or projects the transportation agency
5    deems appropriate.
6    (i) The full faith and credit of the State or any political
7subdivision of the State or the transportation agency is not
8pledged to secure any financing of the contractor by the
9election to take over the transportation project. Assumption of
10development or operation, or both, of the transportation
11project does not obligate the State or any political
12subdivision of the State or the transportation agency to pay
13any obligation of the contractor.
14    (j) The transportation agency may enter into a
15public-private agreement with multiple approved proposers if
16the transportation agency determines in writing that it is in
17the public interest to do so.
18    (k) A public-private agreement shall not include any
19provision under which the transportation agency agrees to
20restrict or to provide compensation to the private entity for
21the construction or operation of a competing transportation
22facility during the term of the public-private agreement.
23    (l) With respect to a public-private agreement entered into
24by the Department, the Department shall certify in its State
25budget request to the Governor each year the amount required by
26the Department during the next State fiscal year to enable the



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1Department to make any payment obligated to be made by the
2Department pursuant to that public-private agreement, and the
3Governor shall include that amount in the State budget
4submitted to the General Assembly.
5(Source: P.A. 97-502, eff. 8-23-11.)
6    (630 ILCS 5/40)
7    Sec. 40. Development and operations standards for
8transportation projects.
9    (a) The plans and specifications, if any, for each project
10developed under this Act must comply with:
11        (1) the transportation agency's standards for other
12    projects of a similar nature or as otherwise provided in
13    the public-private agreement;
14        (2) the Professional Engineering Practice Act of 1989,
15    the Structural Engineering Practice Act of 1989, the
16    Illinois Architecture Practice Act of 1989, the
17    requirements of Section 30-22 of the Illinois Procurement
18    Code as they apply to responsible bidders, and the Illinois
19    Professional Land Surveyor Act of 1989; and
20        (3) any other applicable State or federal standards.
21    (b) Each highway project constructed or operated under this
22Act is considered to be part of:
23        (1) the State highway system for purposes of
24    identification, maintenance standards, and enforcement of
25    traffic laws if the highway project is under the



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1    jurisdiction of the Department; or
2        (2) the toll highway system for purposes of
3    identification, maintenance standards, and enforcement of
4    traffic laws if the highway project is under the
5    jurisdiction of the Authority.
6    (c) Any unit of local government or State agency may enter
7into agreements with the contractor for maintenance or other
8services under this Act.
9    (d) Any electronic toll collection system used on a toll
10highway, bridge, or tunnel as part of a transportation project
11must be compatible with the electronic toll collection system
12used by the Authority. The Authority is authorized to
13construct, operate, and maintain any electronic toll
14collection system used on a toll highway, bridge, or tunnel as
15part of a transportation project pursuant to an agreement with
16the transportation agency or the contractor responsible for the
17transportation project. All private entities and public
18agencies shall have an equal opportunity to contract with the
19Authority to provide construction, operation, and maintenance
20services. In addition, during the procurement of a
21public-private agreement, these construction, operation, and
22maintenance services shall be available under identical terms
23to each private entity participating in the procurement. To the
24extent that a public-private agreement or an agreement with a
25public agency under subsection (c) of Section 20 of this Act
26authorizes tolling, the transportation agencies and any



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1contractor under a public-private partnership or a public
2agency under an agreement pursuant to subsection (c) of Section
320 of this Act shall comply with subsection (a-5) of Section 10
4of the Toll Highway Act as it relates to toll enforcement.
5(Source: P.A. 97-502, eff. 8-23-11.)
6    (630 ILCS 5/45)
7    Sec. 45. Financial arrangements.
8    (a) The transportation agency may do any combination of
9applying for, executing, or endorsing applications submitted
10by private entities to obtain federal, State, or local credit
11assistance for transportation projects developed, financed, or
12operated under this Act, including loans, lines of credit, and
14    (b) The transportation agency may take any action to obtain
15federal, State, or local assistance for a transportation
16project that serves the public purpose of this Act and may
17enter into any contracts required to receive the federal
18assistance. The transportation agency may determine that it
19serves the public purpose of this Act for all or any portion of
20the costs of a transportation project to be paid, directly or
21indirectly, from the proceeds of a grant or loan, line of
22credit, or loan guarantee made by a local, State, or federal
23government or any agency or instrumentality of a local, State,
24or federal government. Such assistance may include, but not be
25limited to, federal credit assistance pursuant to the



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1Transportation Infrastructure Finance and Innovation Act
3    (c) The transportation agency may agree to make grants or
4loans for the development, financing, or operation of a
5transportation project from time to time, from amounts received
6from the federal, State, or local government or any agency or
7instrumentality of the federal, State, or local government.
8    (d) Any financing of a transportation project may be in the
9amounts and upon the terms and conditions that are determined
10by the parties to the public-private agreement.
11    (e) For the purpose of financing a transportation project,
12the contractor and the transportation agency may do the
14        (1) propose to use any and all revenues that may be
15    available to them;
16        (2) enter into grant agreements;
17        (3) access any other funds available to the
18    transportation agency; and
19        (4) accept grants from the transportation agency or
20    other public or private agency or entity.
21    (f) For the purpose of financing a transportation project,
22public funds may be used and mixed and aggregated with funds
23provided by or on behalf of the contractor or other private
25    (g) For the purpose of financing a transportation project,
26each transportation agency is authorized to do any combination



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1of applying for, executing, or endorsing applications for an
2allocation of tax-exempt bond financing authorization provided
3by Section 142(m) of the United States Internal Revenue Code,
4as well as financing available under any other federal law or
6    (h) Any bonds, debt, or other securities or other financing
7issued by or on behalf of a contractor for the purposes of a
8project undertaken under this Act shall not be deemed to
9constitute a debt of the State or any political subdivision of
10the State or a pledge of the faith and credit of the State or
11any political subdivision of the State.
12(Source: P.A. 97-502, eff. 8-23-11.)
13    (630 ILCS 5/65)
14    Sec. 65. Term of agreement; reversion of property to
15transportation agency.
16    (a) The term of a public-private agreement, including all
17extensions, may not exceed 65 99 years.
18    (b) The transportation agency shall terminate the
19contractor's authority and duties under the public-private
20agreement on the date set forth in the public-private
22    (c) Upon termination of the public-private agreement, the
23authority and duties of the contractor under this Act cease,
24except for those duties and obligations that extend beyond the
25termination, as set forth in the public-private agreement, and



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1all interests in the transportation facility shall revert to
2the transportation agency.
3(Source: P.A. 97-502, eff. 8-23-11.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.