Full Text of SB2365 098th General Assembly
SB2365enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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)
| 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.
| 9 | | (Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)
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