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. (c) The interim agreement may include any or all of the following: (1) Timelines, deadlines, and scheduling; (2) Compensation including the payment of costs and fees in the event the Department terminates the interim agreement or declines to proceed with negotiation of the public private agreement; (3) A provision governing the contractor's authority to commence activities related to the Illiana Expressway project including but not limited to project planning, advance right-of-way acquisition, design and engineering, environmental analysis and mitigation, surveying, conducting studies including revenue and transportation studies, and ascertaining the availability of financing; (4) Procurement procedures; (5) A provision governing rights to real and personal property of the State, the Department, the contractor, and other third parties; (6) All other terms, conditions, and provisions acceptable to the Department that the Department deems necessary and proper and in the public interest. (d) The Department may enter into one or more interim agreements with one or more contractors if the Department determines in writing that it is in the public interest to do so. (Source: P.A. 96-913, eff. 6-9-10.)