605 ILCS 130/1
Short title
Short title. This Act may be cited as the Public Private Agreements for the Illiana Expressway Act. (Source: P.A. 96-913, eff. 6-9-10.)
Illinois Compiled Statutes 605 ILCS 130 — Public Private Agreements for the Illiana Expressway Act.
Illinois · statute · 605 ILCS 130 · 40 active provisions
605 ILCS 130/5
Legislative findings
Legislative findings. (a) The State of Illinois and the State of Indiana are engaged in collaborative planning efforts to build a new interstate highway connecting Interstate Highway 55 in northeastern Illinois to Interstate Highway 65 in northwestern Indiana to serve the public at large. (b) The Illiana Expressway wil…
605 ILCS 130/10
Definitions
Definitions. As used in this Act: "Agreement" means a public private agreement. "Contractor" means a person that has been selected to enter or has entered into a public private agreement with the Department on behalf of the State for the development, financing, construction, management, or operation of the Illiana Expr…
605 ILCS 130/15
Public private agreement authorized
Public private agreement authorized. (a) Notwithstanding any provision of law to the contrary, the Department on behalf of the State may, pursuant to a competitive request for proposals process governed by the Illinois Procurement Code and rules adopted under that Code and this Act, enter into one or more public privat…
605 ILCS 130/17
Procurement; prequalification
Procurement; prequalification. The Department may establish a process for prequalification of offerors. If the Department does create such a process, it shall: (i) provide a public notice of the prequalification at least 30 days prior to the date on which applications are due; (ii) set forth requirements and evaluation…
605 ILCS 130/20
Procurement; request for proposals process
Procurement; request for proposals process. (a) Notwithstanding any provision of law to the contrary, the Department on behalf of the State shall select a contractor through a competitive request for proposals process governed by the Illinois Procurement Code and rules adopted under that Code and this Act. (b) The comp…
605 ILCS 130/25
Provisions of the public private agreement
Provisions of the public private agreement. (a) The public private agreement shall include all of the following: (1) the term of the public private agreement that is consistent with Section 15 of this Act; (2) the powers, duties, responsibilities, obligations, and functions of the Department and the contractor; (3) com…
605 ILCS 130/30
Interim agreements
Interim agreements. (a) Prior to or in connection with the negotiation of the public private agreement, the Department may enter into an interim agreement with the contractor. (b) The interim agreement may not authorize the contractor to perform construction work prior to the execution of the public private agreement.…
605 ILCS 130/35
Termination of the Public Private Agreement
Termination of the Public Private Agreement. The Department may terminate a public private agreement or interim agreement under Section 30 of this Act if the contractor or any executive employee of the contractor is found guilty of any criminal offense related to the conduct of its business or the regulation thereof in…
605 ILCS 130/40
Public private agreement proceeds
Public private agreement proceeds. After the payment of all transaction costs, including payments for legal, accounting, financial, consultation, and other professional services, all moneys received by the State as compensation for the public private agreement shall be deposited into the Illiana Expressway Proceeds Fun…
605 ILCS 130/45
User fees
User fees. No user fees may be imposed by the contractor except as set forth in the public private agreement. (Source: P.A. 96-913, eff. 6-9-10.)
605 ILCS 130/47
Selection of professional design firms
Selection of professional design firms. Notwithstanding any provision of law to the contrary, the selection of professional design firms by the Department or the contractor shall comply with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (Source: P.A. 96-913, eff. 6-9-10.)
605 ILCS 130/50
Other contracts
Other contracts. The Department may, pursuant to the Illinois Procurement Code and rules adopted under that Code, award contracts for goods, services, or equipment to persons other than the contractor for goods, services, or equipment not provided for in the public private agreement. (Source: P.A. 96-913, eff. 6-9-10.)
605 ILCS 130/55
Planning for the Illiana Expressway project
Planning for the Illiana Expressway project. The Illiana Expressway project shall be subject to all applicable planning requirements otherwise required by law, including land use planning, regional planning, transportation planning, and environmental compliance requirements. (Source: P.A. 96-913, eff. 6-9-10.)
605 ILCS 130/60
Illinois Department of Transportation; reporting requirements and information requests
Illinois Department of Transportation; reporting requirements and information requests. (a) The Department shall submit written monthly progress reports to the Procurement Policy Board and the General Assembly on the Illiana Expressway project. The report shall include the status of any public private agreements or oth…
605 ILCS 130/65
Illinois Department of Transportation; publication requirements
Illinois Department of Transportation; publication requirements. (a) The Department shall publish a notice of the execution of the public private agreement on its website and in a newspaper of general circulation within the county or counties whose territory includes or lies within 5 miles from a proposed or existing I…
605 ILCS 130/70
Electronic toll collection systems
Electronic toll collection systems. Any electronic toll collection system used on the Illiana Expressway must be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. (Source: P.A. 96-913, eff. 6-9-10.)
605 ILCS 130/75
Independent audits
Independent audits. If the public private agreement provides for the construction of all or part of the Illiana Expressway project and the estimated construction costs under the agreement exceed $50,000,000, the Department must also require the contractor to finance an independent audit of any and all traffic and cost…
605 ILCS 130/80
Property acquisition
Property acquisition. The Department may acquire property for the Illiana Expressway project using the powers granted to it in the Illinois Highway Code and the Eminent Domain Act. (Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)
605 ILCS 130/85
Rights of the Illinois Department of Transportation upon expiration or termination of the agreement
Rights of the Illinois Department of Transportation upon expiration or termination of the agreement. (a) Upon the termination or expiration of the public private agreement, including a termination for default, the Department shall have the right to take over the Illiana Expressway project and to succeed to all of the r…
605 ILCS 130/90
Standards for the Illiana Expressway project
Standards for the Illiana Expressway project. (a) The plans and specifications for the Illiana Expressway project must comply with: (1) the Department's standards for other projects of a similar nature or as otherwise provided in the public private agreement; (2) the Professional Engineering Practice Act of 1989, the S…
605 ILCS 130/95
Financial arrangements
Financial arrangements. (a) The Department may apply for, execute, or endorse applications submitted by contractors and other third parties to obtain federal, State, or local credit assistance to develop, finance, maintain, or operate the Illiana Expressway project. (b) The Department may take any action to obtain fede…
605 ILCS 130/100
Labor
Labor. (a) The public private agreement shall require the contractor to enter into a project labor agreement. (b) The public private agreement shall require all construction contractors to comply with the requirements of Section 30-22 of the Illinois Procurement Code as they apply to responsible bidders and to present…
605 ILCS 130/105
Law enforcement
Law enforcement. (a) All law enforcement officers of the State and of each affected local jurisdiction have the same powers and jurisdiction within the boundaries of the Illiana Expressway as they have in their respective areas of jurisdiction. (b) Law enforcement officers shall have access to the Illiana Expressway at…
605 ILCS 130/110
Term of agreement; reversion of property to the Department
Term of agreement; reversion of property to the Department. (a) The Department shall terminate the contractor's authority and duties under the public private agreement on the date set forth in the public private agreement. (b) Upon termination of the public private agreement, the authority and duties of the contractor…
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