630 ILCS 5/1
(630 ILCS 5/1) Sec. 1. Short title. This Act may be cited as the Public-Private Partnerships for Transportation Act. (Source: P.A. 97-502, eff. 8-23-11.)
630 ILCS 5
630 ILCS 5
in effect630 ILCS 5/5
(630 ILCS 5/5) Sec. 5. Public policy and legislative intent. (a) It is the public policy of the State of Illinois to promote the design, development, construction, financing, and operation of transportation facilities that serve the needs of the public. (b) Existing methods of procurement and financing of transportation facilities by responsible public entities impose limitations on the methods by which transportation facilities may be developed and operated within the State. (c) Authorizing responsible public entities to enter into public-private partnerships, whereby private entities may develop, operate, and finance transportation facilities, has the potential to promote the development of transportation facilities in the State as well as investment in the State. (d) It is the intent of this Act to promote public-private partnerships for transportation by authorizing responsible public entities to enter into public-private agreements related to the design, development, construction, operation, and financing of transportation facilities. (e) It is the intent of this Act to encourage the practice of congestion pricing in connection with toll highways, pursuant to which higher toll rates are charged during times or in locations of most congestion. (f) It is the intent of this Act to use Illinois design professionals, construction companies, and workers to the greatest extent possible by offering them the right to compete for this work. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/10 Definitions
(630 ILCS 5/10) Sec. 10. Definitions. As used in this Act: "Approved proposal" means the proposal that is approved by the responsible public entity pursuant to subsection (j) of Section 20 of this Act. "Approved proposer" means the private entity whose proposal is the approved proposal. "Authority" means the Illinois State Toll Highway Authority. "Contractor" means a private entity that has entered into a public-private agreement with the responsible public entity to provide services to or on behalf of the responsible public entity. "Department" means the Illinois Department of Transportation. "Design-build agreement" means the agreement between the selected private entity and the responsible public entity under which the selected private entity agrees to furnish design, construction, and related services for a transportation facility under this Act. "Develop" or "development" means to do one or more of the following: plan, design, develop, lease, acquire, install, construct, reconstruct, rehabilitate, extend, or expand. "Maintain" or "maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the responsible public entity. "Operate" or "operation" means to do one or more of the following: maintain, improve, equip, modify, or otherwise operate. "Private entity" means any combination of one or more individuals, corporations, general partnerships, limited liability companies, limited partnerships, joint ventures, business trusts, nonprofit entities, or other business entities that are parties to a proposal for a transportation project or an agreement related to a transportation project. A public agency may provide services to a contractor as a subcontractor or subconsultant without affecting the private status of the private entity and the ability to enter into a public-private agreement. A transportation agency is not a private entity. "Proposal" means all materials and documents prepared by or on behalf of a private entity relating to the proposed development, financing, or operation of a transportation facility as a transportation project. "Proposer" means a private entity that has submitted an unsolicited proposal for a public-private agreement to a responsible public entity under this Act or a proposal or statement of qualifications for a public-private agreement in response to a request for proposals or a request for qualifications issued by a responsible public entity under this Act. "Public-private agreement" means the public-private agreement between the contractor and the responsible public entity relating to one or more of the development, financing, or operation of a transportation project that is entered into under this Act. "Request for information" means all materials and documents prepared by or on behalf of the responsible public entity to solicit information from private entities with respect to transportation projects. "Request for proposals" means all materials and documents prepared by or on behalf of the responsible public entity to solicit proposals from private entities to enter into a public-private agreement. "Request for qualifications" means all materials and documents prepared by or on behalf of the responsible public entity to solicit statements of qualification from private entities to enter into a public-private agreement. "Responsible public entity" means the Department of Transportation, the Illinois State Toll Highway Authority, and the 5 most populous counties of Illinois, as of the most recent publicly available decennial census. "Revenues" means all revenues, including any combination of: income; earnings and interest; user fees; lease payments; allocations; federal, State, and local appropriations, grants, loans, lines of credit, and credit guarantees; bond proceeds; equity investments; service payments; or other receipts; arising out of or in connection with a transportation project, including the development, financing, and operation of a transportation project. The term includes money received as grants, loans, lines of credit, credit guarantees, or otherwise in aid of a transportation project from the federal government, the State, a unit of local government, or any agency or instrumentality of the federal government, the State, or a unit of local government. "Shortlist" means the process by which a responsible public entity will review, evaluate, and rank statements of qualifications submitted in response to a request for qualifications and then identify the proposers who are eligible to submit a detailed proposal in response to a request for proposals. The identified proposers constitute the shortlist for the transportation project to which the request for proposals relates. "Transportation agency" means (i) the Department or (ii) the Authority. "Transportation facility" means any new or existing road, highway, toll highway, bridge, tunnel, intermodal facility, intercity or high-speed passenger rail, or other transportation facility or infrastructure, including the South Suburban Airport but excluding all other airports, under the jurisdiction of a responsible public entity, except those facilities for the Illiana Expressway. The term "transportation facility" may refer to one or more transportation facilities that are proposed to be developed or operated as part of a single transportation project. "Transportation project" or "project" means any or the combination of the design, development, construction, financing, or operation with respect to all or a portion of any transportation facility under the jurisdiction of the responsible public entity, except those facilities for the Illiana Expressway, undertaken pursuant to this Act. "Unit of local government" has the meaning ascribed to that term in Article VII, Section 1 of the Constitution of the State of Illinois and also means any unit designated as a municipal corporation. "Unsolicited proposal" means a written proposal that is submitted to a transportation agency on the initiative of the private sector entity or entities for the purpose of developing a partnership, and that is not in response to a formal or informal request issued by a transportation agency. "User fees" or "tolls" means the rates, tolls, fees, or other charges imposed by the contractor for use of all or a portion of a transportation project under a public-private agreement. (Source: P.A. 103-570, eff. 1-1-24; 103-864, eff. 8-9-24; 103-865, eff. 1-1-25; 104-417, eff. 8-15-25.)
630 ILCS 5/15
(630 ILCS 5/15) (Text of Section before amendment by P.A. 104-695) Sec. 15. Formation of public-private agreements; project planning. (a) Each responsible public entity may exercise the powers granted by this Act to do some or all to design, develop, construct, finance, and operate any part of one or more transportation projects through public-private agreements with one or more private entities, except for transportation projects for the Illiana Expressway as defined in the Public Private Agreements for the Illiana Expressway Act. The net proceeds, if any, arising out of a transportation project or public-private agreement undertaken by the Department pursuant to this Act shall be deposited into the Public-Private Partnerships for Transportation Fund. The net proceeds arising out of a transportation project or public-private agreement undertaken by the Authority pursuant to this Act shall be deposited into the Illinois State Toll Highway Authority Fund and shall be used only as authorized by Section 23 of the Toll Highway Act. (b) The Authority may enter into a public-private partnership to design, develop, construct, finance, and operate new toll highways authorized by the Governor and the General Assembly pursuant to Section 14.1 of the Toll Highway Act, non-highway transportation projects on the toll highway system such as commuter rail or high-speed rail lines, and intelligent transportation infrastructure that will enhance the safety, efficiency, and environmental quality of the toll highway system. The Authority may operate or provide operational services such as toll collection on highways which are developed or financed, or both, through a public-private agreement entered into by another public entity, under an agreement with the public entity or contractor responsible for the transportation project. (c) A contractor has: (1) all powers allowed by law generally to a private entity having the same form of organization as the contractor; and (2) the power to develop, finance, and operate the transportation facility and to impose user fees in connection with the use of the transportation facility, subject to the terms of the public-private agreement. No tolls or user fees may be imposed by the contractor except as set forth in a public-private agreement. (d) Prior to commencing the procurement process under an unsolicited proposal or the issuance of any request for qualifications or request for proposals with respect to any potential project undertaken by a responsible public entity pursuant to Section 19 or 20 of this Act, the commencement of a procurement process for that particular potential project shall be authorized by joint resolution of the General Assembly. (e) (Blank). (f) Any project undertaken under this Act shall be subject to all applicable planning requirements otherwise required by law, including land use planning, regional planning, transportation planning, and environmental compliance requirements. (g) (Blank). (h) The responsible public entity shall hold one or more public hearings before entering into negotiations with a proposer. These public hearings shall address any potential project that the responsible public entity submitted to the General Assembly for review under subsection (d). The responsible public entity shall publish a notice of the hearing or hearings at least 7 days before a hearing takes place, and shall include the following in the notice: (i) the date, time, and place of the hearing and the address of the responsible public entity; (ii) a brief description of the potential projects that the responsible public entity is considering undertaking; and (iii) a statement that the public may comment on the potential projects. (i) Each year, at least 30 days prior to the beginning of the transportation agency's fiscal year, the transportation agency shall submit a description of potential projects that the transportation agency is considering undertaking under this Act to each county, municipality, and metropolitan planning organization, with respect to each project located within its boundaries. (j) A new transportation facility developed as a project under this Act must be consistent with the regional plan then in existence of a metropolitan planning organization in whose boundaries the project is located. (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) (Text of Section after amendment by P.A. 104-695) Sec. 15. Formation of public-private agreements; project planning. (a) Each responsible public entity may exercise the powers granted by this Act to do some or all to design, develop, construct, finance, and operate any part of one or more transportation projects through public-private agreements with one or more private entities, except for transportation projects for the Illiana Expressway as defined in the Public Private Agreements for the Illiana Expressway Act. The net proceeds, if any, arising out of a transportation project or public-private agreement undertaken by the Department pursuant to this Act shall be deposited into the State Construction Account Fund. The net proceeds arising out of a transportation project or public-private agreement undertaken by the Authority pursuant to this Act shall be deposited into the Illinois State Toll Highway Authority Fund and shall be used only as authorized by Section 23 of the Toll Highway Act. (b) The Authority may enter into a public-private partnership to design, develop, construct, finance, and operate new toll highways authorized by the Governor and the General Assembly pursuant to Section 14.1 of the Toll Highway Act, non-highway transportation projects on the toll highway system such as commuter rail or high-speed rail lines, and intelligent transportation infrastructure that will enhance the safety, efficiency, and environmental quality of the toll highway system. The Authority may operate or provide operational services such as toll collection on highways which are developed or financed, or both, through a public-private agreement entered into by another public entity, under an agreement with the public entity or contractor responsible for the transportation project. (c) A contractor has: (1) all powers allowed by law generally to a private entity having the same form of organization as the contractor; and (2) the power to develop, finance, and operate the transportation facility and to impose user fees in connection with the use of the transportation facility, subject to the terms of the public-private agreement. No tolls or user fees may be imposed by the contractor except as set forth in a public-private agreement. (d) Prior to commencing the procurement process under an unsolicited proposal or the issuance of any request for qualifications or request for proposals with respect to any potential project undertaken by a responsible public entity pursuant to Section 19 or 20 of this Act, the commencement of a procurement process for that particular potential project shall be authorized by joint resolution of the General Assembly. (e) (Blank). (f) Any project undertaken under this Act shall be subject to all applicable planning requirements otherwise required by law, including land use planning, regional planning, transportation planning, and environmental compliance requirements. (g) (Blank). (h) The responsible public entity shall hold one or more public hearings before entering into negotiations with a proposer. These public hearings shall address any potential project that the responsible public entity submitted to the General Assembly for review under subsection (d). The responsible public entity shall publish a notice of the hearing or hearings at least 7 days before a hearing takes place, and shall include the following in the notice: (i) the date, time, and place of the hearing and the address of the responsible public entity; (ii) a brief description of the potential projects that the responsible public entity is considering undertaking; and (iii) a statement that the public may comment on the potential projects. (i) Each year, at least 30 days prior to the beginning of the transportation agency's fiscal year, the transportation agency shall submit a description of potential projects that the transportation agency is considering undertaking under this Act to each county, municipality, and metropolitan planning organization, with respect to each project located within its boundaries. (j) A new transportation facility developed as a project under this Act must be consistent with the regional plan then in existence of a metropolitan planning organization in whose boundaries the project is located. (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25; 104-695, eff. 1-1-27.)
630 ILCS 5/19
(630 ILCS 5/19) Sec. 19. Unsolicited proposals. (a) A transportation agency may receive unsolicited proposals for a project and may thereafter enter into a public-private agreement with a private entity, or a consortium of private entities, for the design, construction, upgrading, operating, ownership, or financing of facilities. (b) A transportation agency may consider, evaluate, and accept an unsolicited proposal for a public-private partnership project from a private entity if the proposal: (1) is independently developed and drafted by the proposer without transportation agency supervision; (2) shows that the proposed project could benefit the transportation system; (3) includes a financing plan to allow the project to move forward pursuant to the applicable transportation agency's budget and finance requirements; and (4) includes sufficient detail and information for the transportation agency to evaluate the proposal in an objective and timely manner and permit a determination that the project would be worthwhile. (c) The unsolicited proposal shall include the following: (1) an executive summary covering the major elements of the proposal; (2) qualifications concerning the experience, expertise, technical competence, and qualifications of the private entity and of each member of its management team and of other key employees, consultants, and subcontractors, including the name, address, and professional designation; (3) a project description, including, when applicable: (A) the limits, scope, and location of the proposed project; (B) right-of-way requirements; (C) connections with other facilities and improvements to those facilities necessary if the project is developed; (D) a conceptual project design; and (E) a statement of the project's relationship to and impact upon relevant existing plans of the transportation agency; (4) a facilities project schedule, including when applicable, estimates of: (A) dates of contract award; (B) start of construction; (C) completion of construction; (D) start of operations; and (E) major maintenance or reconstruction activities during the life of the proposed project agreement; (5) an operating plan describing the operation of the completed facility if operation of a facility is part of the proposal, describing the management structure and approach, the proposed period of operations, enforcement, emergency response, and other relevant information; (6) a finance plan describing the proposed financing of the project, identifying the source of funds to, where applicable, design, construct, maintain, and manage the project during the term of the proposed contract; and (7) the legal basis for the project and licenses and certifications; the private entity must demonstrate that it has all licenses and certificates necessary to complete the project. (c-5) A transportation agency shall develop rules for receiving, reviewing, and implementing unsolicited proposals as outlined in this Section. A transportation agency shall submit these rules for the First Notice period within one year after the effective date of this amendatory Act of the 103rd General Assembly. A transportation agency shall not receive unsolicited proposals until rules are adopted. (c-10) A transportation agency shall receive unsolicited proposals no more than every 2 years for a time frame of no more than 90 days. (c-15) A nonnegotiable proposal review fee of $25,000 shall be required for an unsolicited proposal submitted under this Act. A proposal review fee that is submitted with a proposal for a project that is not an eligible project, or that the Department is not otherwise legally authorized to accept, shall be returned to the proposer. All other proposal review fees are nonrefundable. (d) Within 120 days after receiving an unsolicited proposal, the transportation agency shall complete a preliminary evaluation of the unsolicited proposal and shall: (1) if the preliminary evaluation is unfavorable, return the proposal without further action; (2) if the preliminary evaluation is favorable, notify the proposer that the transportation agency will further evaluate the proposal; or (3) request amendments, clarification, or modification of the unsolicited proposal. (e) The procurement process for unsolicited proposals shall be as follows: (1) If the transportation agency chooses to further evaluate an unsolicited proposal with the intent to enter into a public-private agreement for the proposed project, then the transportation agency shall publish notice in its regular online publication for relevant procurements or in a newspaper of general circulation covering the location of the project at least once a week for 2 weeks stating that the transportation agency has received a proposal and will accept other proposals for the same project. The time frame within which the transportation agency may accept other proposals shall be determined by the transportation agency on a project-by-project basis based upon the complexity of the transportation project and the public benefit to be gained by allowing a longer or shorter period of time within which other proposals may be received; however, the time frame for allowing other proposals must be at least 21 days, but no more than 120 days, after the initial date of publication. (2) A copy of the notice must be mailed to each local government directly affected by the transportation project. (3) The transportation agency shall provide reasonably sufficient information, including the identity of its contact person, to enable other private entities to make proposals. (4) If, after no less than 120 days, no counterproposal is received, or if the counterproposals are evaluated and found to be equal to or inferior to the original unsolicited proposal, the transportation agency may proceed to negotiate a contract with the original proposer. (5) If, after no less than 120 days, one or more counterproposals meeting unsolicited proposal standards are received, and if, in the opinion of the transportation agency, the counterproposals are evaluated and found to be superior to the original unsolicited proposal, the transportation agency shall proceed to determine the successful participant through a final procurement phase known as "Best and Final Offer" (BAFO). The BAFO is a process whereby a transportation agency shall invite the original private sector party and the proponent submitting the superior counterproposal to engage in a BAFO phase. The invitation to participate in the BAFO phase will provide to each participating proposer: (A) the general concepts that were considered superior to the original proposal, while keeping proprietary information contained in the proposals confidential to the extent possible; and (B) the preestablished evaluation criteria or the "basis of award" to be used to determine the successful proponent. (6) Offers received in response to the BAFO invitation will be reviewed by the transportation agency and scored in accordance with preestablished criteria, or alternatively, in accordance with the basis of award provision identified through the BAFO process. The successful proponent will be the proponent offering "best value" to the transportation agency. (7) In all cases, the basis of award will be the best value to the transportation agency, as determined by the transportation agency. (f) After a comprehensive evaluation and acceptance of an unsolicited proposal and any alternatives, the transportation agency must provide public notice of the proposal to members of impacted communities meeting the following criteria: (1) Public notice shall be meaningful, timely, and effective public notice of a proposal to members of impacted communities, accounting for linguistic needs and other relevant characteristics, and provide meaningful opportunity for public comment on a proposal. (2) The public notice and project application shall be translated into non-English languages in impacted communities where a language other than English is widely spoken. (3) The notice must, at a minimum, include all of the following: (A) the name of the applicant; (B) the location of the use; (C) a brief description of the use and its impacts; and (D) a link to a website where the application and more detailed information on the use and its impacts can be found. (4) The notice shall be written at a third or fourth grade reading level to ensure ease of understanding for all members of the public. (f-5) The transportation agency shall provide an opportunity for public comment, which must, at a minimum, include one public meeting within an impacted community. The notice of a public meeting required under this subsection must include: (1) the date, time, and location of the public meeting required under this Section; (2) the date and time of all public meetings regarding the project; (3) where to access the project description required under paragraph (3) of subsection (c), if applicable; (4) the expected location of the project associated construction duration; and (5) a non-English version of the notice if 10% or more of the local population speaks a primary language other than English, which shall reflect the prevalent languages of the non-English speaking residents in that area. The public meeting is subject to the following rules: (1) The public meeting must begin after 5:00 p.m. and be located at a venue that is in a location within an impacted equity investment community and easily accessible to residents of other impacted equity investment eligible communities. (2) The public meeting must be at a venue that is accessible to persons with disabilities and the owner or operator of the venue must provide reasonable accommodations, as defined in the Americans with Disabilities Act, upon request. (3) The transportation agency must provide translation services during a public meeting if a proposed project is located in an area in which 10% or more of the local population speaks a primary language other than English, if requested by a non-English speaking member of the public. During a public meeting, a proposer must: (1) present the schedule and process for the project; (2) include a question-and-answer portion of the meeting to allow the public to ask questions; and (3) ensure that representatives that speak on behalf of the contractor are qualified and knowledgeable on the subject matter to answer questions posed by the public. The transportation agency shall have a representative present at the public meeting who is familiar with the proposed project. The transportation agency must create a meeting summary, including issues raised by the public, and respond to all questions in writing no later than 14 days after the meeting. The transportation agency shall post the summary and responses to the transportation agency's publicly accessible website and advise the telephone, email, and text lists along with the meeting summary document. The transportation agency shall ensure that the public meeting is made available to watch and participate in a meaningful way online and recorded. The recording shall be made available on a publicly accessible website. After the public notice requirements are completed, the transportation agency may commence negotiations with a proposer, considering: (1) the proposal has received a favorable comprehensive evaluation; (2) the proposal is not duplicative of existing infrastructure project; (3) the alternative proposal does not closely resemble a pending competitive proposal for a public-private private partnership or other procurement; (4) the proposal demonstrates a unique method, approach, or concept; (5) facts and circumstances that preclude or warrant additional competition; (6) the availability of any funds, debts, or assets that the State will contribute to the project; (7) facts and circumstances demonstrating that the project will likely have a significant adverse impact on State bond ratings; and (8) indemnifications included in the proposal. (Source: P.A. 103-570, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25.)
630 ILCS 5/20
(630 ILCS 5/20) Sec. 20. Competitive procurement process. (a) A responsible public entity may solicit proposals for a transportation project from private entities. The responsible public entity shall determine and set forth the criteria for the selection process. The responsible public entity shall use (i) a competitive sealed bidding process, (ii) a competitive sealed proposal process, or (iii) a design-build procurement process in accordance with Section 25 of this Act. Before using one of these processes the responsible public entity may use a request for information to obtain information relating to possible public-private partnerships. (b) If a transportation project will require the performance of design work, the responsible public entity shall use the shortlist selection process set forth in subsection (g) of this Section to evaluate and shortlist private entities based on qualifications, including but not limited to design qualifications. A request for qualifications, request for proposals, or public-private agreement awarded to a contractor for a transportation project shall require that any subsequent need for architectural, engineering, or land surveying services which arises after the submittal of the request for qualifications or request for proposals or the awarding of the public-private agreement shall be procured by the contractor using a qualifications-based selection process consisting of: (1) the publication of notice of availability of services; (2) a statement of desired qualifications; (3) an evaluation based on the desired qualifications; (4) the development of a shortlist ranking the firms in order of qualifications; and (5) negotiations with the ranked firms for a fair and reasonable fee. Compliance with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act shall be deemed prima facie compliance with this subsection (b). Every transportation project contract shall include provisions setting forth the requirements of this subsection (b). (c) (Blank). (d) (Blank). (e) (Blank). (f) All procurement processes shall incorporate requirements and set forth goals for participation by disadvantaged business enterprises as allowed under State and federal law. (g) The responsible public entity shall establish a process to shortlist potential private entities. The responsible public entity shall: (i) provide a public notice of the shortlisting process for such period as deemed appropriate by the agency; (ii) set forth requirements and evaluation criteria in a request for qualifications; (iii) develop a shortlist by determining which private entities that have submitted statements of qualification, if any, meet the minimum requirements and best satisfy the evaluation criteria set forth in the request for qualifications; and (iv) allow only those entities, or groups of entities such as unincorporated joint ventures, that have been shortlisted to submit proposals or bids. Throughout the procurement period and as necessary following the award of a contract, the responsible public entity shall make publicly available on its website information regarding firms that are prequalified by the responsible public entity pursuant to Section 20 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act to provide architectural, engineering, and land surveying services. The responsible public entities shall require private entities to use firms prequalified under this Act to provide architectural, engineering, and land surveying services. Firms identified to provide architectural, engineering, and land surveying services in a statement of qualifications shall be prequalified under the Act to provide the identified services prior to the responsible public entity's award of the contract. (h) Competitive sealed bidding requirements: (1) All contracts shall be awarded by competitive sealed bidding except as otherwise provided in subsection (i) of this Section, Section 19 of this Act, and Section 25 of this Act. (2) An invitation for bids shall be issued and shall include a description of the public-private partnership with a private entity for the development, finance, and operation of a transportation facility as a transportation project, and the material contractual terms and conditions applicable to the procurement. (3) Public notice of the invitation for bids shall be published in the State of Illinois Procurement Bulletin at least 21 days before the date set in the invitation for the opening of bids. (4) Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The name of each bidder, the amount of each bid, and other relevant information as may be specified by rule shall be recorded. After the award of the contract, the winning bid and the record of each unsuccessful bid shall be open to public inspection. (5) Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Act. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award, such as discounts, transportation costs, and total or life cycle costs, shall be objectively measurable. The invitation for bids shall set forth the evaluation criteria to be used. (6) Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards of contracts based on bid mistakes, shall be permitted in accordance with rules. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the State or fair competition shall be permitted. All decisions to permit the correction or withdrawal of bids based on bid mistakes shall be supported by written determination made by the responsible public entity. (7) The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, except when the responsible public entity determines it is not in the best interest of the State and by written explanation determines another bidder shall receive the award. The explanation shall appear in the appropriate volume of the State of Illinois Procurement Bulletin. The written explanation must include: (A) a description of the responsible public entity's needs; (B) a determination that the anticipated cost will be fair and reasonable; (C) a listing of all responsible and responsive bidders; and (D) the name of the bidder selected, pricing, and the reasons for selecting that bidder. (8) When it is considered impracticable to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation. (i) Competitive sealed proposal requirements: (1) When the responsible public entity determines in writing that the use of competitive sealed bidding or design-build procurement is either not practicable or not advantageous to the State, a contract may be entered into by competitive sealed proposals. (2) Proposals shall be solicited through a request for proposals. (3) Public notice of the request for proposals shall be published in the State of Illinois Procurement Bulletin at least 21 days before the date set in the invitation for the opening of proposals. (4) Proposals shall be opened publicly in the presence of one or more witnesses at the time and place designated in the request for proposals, but proposals shall be opened in a manner to avoid disclosure of contents to competing offerors during the process of negotiation. A record of proposals shall be prepared and shall be open for public inspection after contract award. (5) The requests for proposals shall state the relative importance of price and other evaluation factors. Proposals shall be submitted in 2 parts: (i) covering items except price; and (ii) covering price. The first part of all proposals shall be evaluated and ranked independently of the second part of all proposals. (6) As provided in the request for proposals and under any applicable rules, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarifying and assuring full understanding of and responsiveness to the solicitation requirements. Those offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted after submission and before award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerors. If information is disclosed to any offeror, it shall be provided to all competing offerors. (7) Awards shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the State, taking into consideration price and the evaluation factors set forth in the request for proposals. The contract file shall contain the basis on which the award is made. (j) The responsible public entity shall determine, based on its review and evaluation of the proposal or proposals received, which one or more proposals, if any, best serve the public purpose of this Act and shall: (1) submit the proposal or proposals to the Commission on Government Forecasting and Accountability, which, within 20 days of submission by the responsible public entity, shall complete a review of the proposal or proposals and report on the value of the proposal or proposals to the State; (2) hold one or more public hearings on the proposal or proposals, publish notice of the hearing or hearings at least 7 days before the hearing, and include the following in the notice: (i) the date, time, and place of the hearing and the address of the responsible public entity, (ii) the subject matter of the hearing, (iii) a description of the agreement to be awarded, (iv) the determination made by the responsible public entity that such proposal or proposals best serve the public purpose of this Act, and (v) that the public may be heard on the proposal or proposals during the public hearing; and (3) determine whether or not to recommend to the Governor that the Governor approve the proposal or proposals. The Governor may approve one or more proposals recommended by the Department or the Authority based upon the review, evaluation, and recommendation of the responsible public entity, the review and report of the Commission on Government Forecasting and Accountability, the public hearing, and the best interests of the State. (k) In addition to any other rights under this Act, in connection with any procurement under this Act, the following rights are reserved to each responsible public entity: (1) to withdraw a request for information, a request for qualifications, or a request for proposals at any time, and to publish a new request for information, request for qualifications, or request for proposals; (2) to not approve a proposal for any reason; (3) to not award a public-private agreement for any reason; (4) to request clarifications to any statement of information, qualifications, or proposal received, to seek one or more revised proposals or one or more best and final offers, or to conduct negotiations with one or more private entities that have submitted proposals; (5) to modify, during the pendency of a procurement, the terms, provisions, and conditions of a request for information, request for qualifications, or request for proposals or the technical specifications or form of a public-private agreement; (6) to interview proposers; and (7) any other rights available to the responsible public entity under applicable law and regulations. (l) If a proposal is approved, the responsible public entity shall execute the public-private agreement, publish notice of the execution of the public-private agreement on its website and in a newspaper or newspapers of general circulation within the county or counties in which the transportation project is to be located, and publish the entire agreement on its website. Any action to contest the validity of a public-private agreement entered into under this Act must be brought no later than 60 days after the date of publication of the notice of execution of the public-private agreement. (m) For any transportation project with an estimated construction cost of over $50,000,000, the responsible public entity may also require the approved proposer to pay the costs for an independent audit of any and all traffic and cost estimates associated with the approved proposal, as well as a review of all public costs and potential liabilities to which taxpayers could be exposed (including improvements to other transportation facilities that may be needed as a result of the approved proposal, failure by the approved proposer to reimburse the transportation agency for services provided, and potential risk and liability in the event the approved proposer defaults on the public-private agreement or on bonds issued for the project). If required by the responsible public entity, this independent audit must be conducted by an independent consultant selected by the transportation agency, and all information from the review must be fully disclosed. (n) The responsible public entity may also apply for, execute, or endorse applications submitted by private entities to obtain federal credit assistance for qualifying projects developed or operated pursuant to this Act. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/25
(630 ILCS 5/25) Sec. 25. Design-build procurement. (a) This Section 25 shall apply only to transportation projects for which the Department or the Authority intends to execute a design-build agreement, in which case the Department or the Authority shall abide by the requirements and procedures of this Section 25 in addition to other applicable requirements and procedures set forth in this Act. (b)(1) The transportation agency must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the qualifications. The transportation agency must publish the advance notice in a daily newspaper of general circulation in the county where the transportation agency is located. The transportation agency is encouraged to use publication of the notice in related construction industry service publications. A brief description of the proposed procurement must be included in the notice. The transportation agency must provide a copy of the request for qualifications to any party requesting a copy. (2) The request for qualifications shall be prepared for each project and must contain, without limitation, the following information: (i) the name of the transportation agency; (ii) a preliminary schedule for the completion of the contract; (iii) the proposed budget for the project and the source of funds, to the extent not already reflected in the Department's Multi-Year Highway Improvement Program; (iv) the shortlisting process for entities or groups of entities such as unincorporated joint ventures wishing to submit proposals (the transportation agency shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained herein precludes the use of additional criteria by the transportation agency); (v) a summary of anticipated material requirements of the contract, including but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, and the utilization goals established by the transportation agency for minority and women business enterprises and compliance with Section 2-105 of the Illinois Human Rights Act; and (vi) the anticipated number of entities that will be shortlisted for the request for proposals phase. (3) The transportation agency may include any other relevant information in the request for qualifications that it chooses to supply. The private entity shall be entitled to rely upon the accuracy of this documentation in the development of its statement of qualifications and its proposal only to the extent expressly warranted by the transportation agency. (4) The date that statements of qualifications are due must be at least 21 calendar days after the date of the issuance of the request for qualifications. In the event the cost of the project is estimated to exceed $12,000,000, then the statement of qualifications due date must be at least 28 calendar days after the date of the issuance of the request for qualifications. The transportation agency shall include in the request for proposals a minimum of 30 days to develop the proposals after the selection of entities from the evaluation of the statements of qualifications is completed. (c)(1) The transportation agency shall develop, with the assistance of a licensed design professional, the request for qualifications and the request for proposals, which shall include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the private entities of the transportation agency's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery requirements. (2) Each request for qualifications and request for proposals shall also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the transportation agency to be produced by the private entities. (3) The scope and performance criteria shall be prepared by a design professional who is an employee of the transportation agency, or the transportation agency may contract with an independent design professional selected under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act to provide these services. (4) The design professional that prepares the scope and performance criteria is prohibited from participating in any private entity proposal for the project. (d)(1) The transportation agency must use a two phase procedure for the selection of the successful design-build entity. The request for qualifications phase will evaluate and shortlist the private entities based on qualifications, and the request for proposals will evaluate the technical and cost proposals. (2) The transportation agency shall include in the request for qualifications the evaluating factors to be used in the request for qualifications phase. These factors are in addition to any prequalification requirements of private entities that the transportation agency has set forth. Each request for qualifications shall establish the relative importance assigned to each evaluation factor, including any weighting of criteria to be employed by the transportation agency. The transportation agency must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The transportation agency shall include the following criteria in every request for qualifications phase evaluation of private entities: (i) experience of personnel; (ii) successful experience with similar project types; (iii) financial capability; (iv) timeliness of past performance; (v) experience with similarly sized projects; (vi) successful reference checks of the firm; (vii) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants; and (viii) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and in complying with Section 2-105 of the Illinois Human Rights Act. No proposal shall be considered that does not include an entity's plan to comply with the requirements regarding minority and women business enterprises and economically disadvantaged firms established by the transportation agency and with Section 2-105 of the Illinois Human Rights Act. The transportation agency may include any additional relevant criteria in the request for qualifications phase that it deems necessary for a proper qualification review. Upon completion of the qualifications evaluation, the transportation agency shall create a shortlist of the most highly qualified private entities. The transportation agency shall notify the entities selected for the shortlist in writing. This notification shall commence the period for the preparation of the request for proposals phase technical and cost evaluations. The transportation agency must allow sufficient time for the shortlist entities to prepare their proposals considering the scope and detail requested by the transportation agency. (3) The transportation agency shall include in the request for proposals the evaluating factors to be used in the technical and cost submission components. Each request for proposals shall establish, for both the technical and cost submission components, the relative importance assigned to each evaluation factor, including any weighting of criteria to be employed by the transportation agency. The transportation agency must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The transportation agency shall include the following criteria in every request for proposals phase technical evaluation of private entities: (i) compliance with objectives of the project; (ii) compliance of proposed services to the request for proposal requirements; (iii) compliance with the request for proposal requirements of products or materials proposed; (iv) quality of design parameters; and (v) design concepts. The transportation agency may include any additional relevant technical evaluation factors it deems necessary for proper selection. The transportation agency shall include the following criteria in every request for proposals phase cost evaluation: the total project cost and the time of completion. The transportation agency may include any additional relevant technical evaluation factors it deems necessary for proper selection. The guaranteed maximum project cost criteria weighing factor shall not exceed 30%. The transportation agency shall directly employ or retain a licensed design professional to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards. (e) Statements of qualifications and proposals must be properly identified and sealed. Statements of qualifications and proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for qualifications or the request for proposals. All private entities submitting statements of qualifications or proposals shall be disclosed after the deadline for submission, and all private entities who are selected for request for proposals phase evaluation shall also be disclosed at the time of that determination. Design-build proposals shall include a bid bond in the form and security as designated in the request for proposals. Proposals shall also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals shall include a list of all design professionals and other entities to which any work identified in Section 30-30 of the Illinois Procurement Code as a subdivision of construction work may be subcontracted during the performance of the contract to the extent known at the time of proposal. If the information is not known at the time of proposal, then the design-build agreement shall require the identification prior to a previously unlisted subcontractor commencing work on the transportation project. Statements of qualifications and proposals must meet all material requirements of the request for qualifications or request for proposals, or else they may be rejected as non-responsive. The transportation agency shall have the right to reject any and all statements of qualifications and proposals. The private entity's proprietary intellectual property contained in the drawings and specifications of any unsuccessful statement of qualifications or proposal shall remain the property of the private entity. The transportation agency shall review the statements of qualifications and the proposals for compliance with the performance criteria and evaluation factors. Statements of qualifications and proposals may be withdrawn prior to the due date and time for submissions for any cause. After evaluation begins by the transportation agency, clear and convincing evidence of error is required for withdrawal. (Source: P.A. 100-391, eff. 8-25-17.)
630 ILCS 5/30
(630 ILCS 5/30) Sec. 30. Interim agreements. (a) Prior to or in connection with the negotiation of the public-private agreement, the responsible public entity may enter into an interim agreement with the approved proposer. Such interim agreement may: (1) permit the approved proposer to commence activities relating to a proposed project as the responsible public entity and the approved proposer shall agree to and for which the approved proposer may be compensated, including, but not limited to, project planning, advance right-of-way acquisition, design and engineering, environmental analysis and mitigation, survey, conducting transportation and revenue studies, and ascertaining the availability of financing for the proposed facility or facilities; (2) establish the process and timing of the exclusive negotiation of a public-private agreement with an approved proposer; (3) require that in the event the responsible public entity determines not to proceed with a project after the approved proposer and the responsible public entity have executed an interim agreement, and thereby terminates the interim agreement or declines to proceed with negotiation of a public-private agreement with an approved proposer, the responsible public entity shall pay to the approved proposer certain fees and costs incurred by the approved proposer; (4) establish the ownership in the State or in the Authority of the concepts and designs in the event of termination of the interim agreement; (5) establish procedures for the selection of professional design firms and subcontractors, which shall include procedures consistent with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act for the selection of design professional firms and may include, in the discretion of the responsible public entity, procedures consistent with the low bid procurement procedures outlined in the Illinois Procurement Code for the selection of construction companies; and (6) contain any other provisions related to any aspect of the transportation project that the parties may deem appropriate. (b) A responsible public entity may enter into an interim agreement with multiple approved proposers if the responsible public entity determines in writing that it is in the public interest to do so. (c) The approved proposer shall select firms that are prequalified by the responsible public entity pursuant to Section 20 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act to provide architectural, engineering, and land surveying services to undertake activities related to the transportation project. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/35
(630 ILCS 5/35) Sec. 35. Public-private agreements. (a) A responsible public entity may enter into public-private agreements as outlined in this Section. The transportation agency may receive unsolicited proposals to enter into public-private agreements as outlined in Section 19. (a-5) Unless undertaking actions otherwise permitted in an interim agreement entered into under Section 30 of this Act, before developing, financing, or operating the transportation project, the approved proposer shall enter into a public-private agreement with the responsible public entity. Subject to the requirements of this Act, a public-private agreement may provide that the approved proposer, acting on behalf of the responsible public entity, is partially or entirely responsible for any combination of developing, financing, or operating the transportation project under terms set forth in the public-private agreement. (b) The public-private agreement may, as determined appropriate by the responsible public entity for the particular transportation project, provide for some or all of the following: (1) Development, financing, and operation of the transportation project under terms set forth in the public-private agreement, in any form as deemed appropriate by the responsible public entity, including, but not limited to, a long-term concession and lease, a design-bid-build agreement, a design-build agreement, a design-build-maintain agreement, a design-build-finance agreement, a design-build-operate-maintain agreement and a design-build-finance-operate-maintain agreement. (2) Delivery of performance and payment bonds or other performance security determined suitable by the responsible public entity, including letters of credit, United States bonds and notes, parent guaranties, and cash collateral, in connection with the development, financing, or operation of the transportation project, in the forms and amounts set forth in the public-private agreement or otherwise determined as satisfactory by the responsible public entity to protect the responsible public entity and payment bond beneficiaries who have a direct contractual relationship with the contractor or a subcontractor of the contractor to supply labor or material. The payment or performance bond or alternative form of performance security is not required for the portion of a public-private agreement that includes only design, planning, or financing services, the performance of preliminary studies, or the acquisition of real property. (3) Review of plans for any development or operation, or both, of the transportation project by the responsible public entity. (4) Inspection of any construction of or improvements to the transportation project by the responsible public entity or another entity designated by the responsible public entity or under the public-private agreement to ensure that the construction or improvements conform to the standards set forth in the public-private agreement or are otherwise acceptable to the responsible public entity. (5) Maintenance of: (A) one or more policies of public liability insurance (copies of which shall be filed with the responsible public entity accompanied by proofs of coverage); or (B) self-insurance; each in form and amount as set forth in the public-private agreement or otherwise satisfactory to the responsible public entity as reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the transportation project. (6) Where operations are included within the contractor's obligations under the public-private agreement, monitoring of the maintenance practices of the contractor by the responsible public entity or another entity designated by the responsible public entity or under the public-private agreement and the taking of the actions the responsible public entity finds appropriate to ensure that the transportation project is properly maintained. (7) Reimbursement to be paid to the responsible public entity as set forth in the public-private agreement for services provided by the responsible public entity. (8) Filing of appropriate financial statements and reports as set forth in the public-private agreement or as otherwise in a form acceptable to the responsible public entity on a periodic basis. (9) Compensation or payments to the contractor. Compensation or payments may include any or a combination of the following: (A) a base fee and additional fee for project savings as the design-builder of a construction project; (B) a development fee, payable on a lump sum basis, progress payment basis, time and materials basis, or another basis deemed appropriate by the responsible public entity; (C) an operations fee, payable on a lump sum basis, time and material basis, periodic basis, or another basis deemed appropriate by the responsible public entity; (D) some or all of the revenues, if any, arising out of operation of the transportation project; (E) a maximum rate of return on investment or return on equity or a combination of the two; (F) in-kind services, materials, property, equipment, or other items; (G) compensation in the event of any termination; (H) availability payments or similar arrangements whereby payments are made to the contractor pursuant to the terms set forth in the public-private agreement or related agreements; or (I) other compensation set forth in the public-private agreement or otherwise deemed appropriate by the responsible public entity. (10) Compensation or payments to the responsible public entity, if any. Compensation or payments may include any or a combination of the following: (A) a concession or lease payment or other fee, which may be payable upfront or on a periodic basis or on another basis deemed appropriate by the responsible public entity; (B) sharing of revenues, if any, from the operation of the transportation project; (C) sharing of project savings from the construction of the transportation project; (D) payment for any services, materials, equipment, personnel, or other items provided by the responsible public entity to the contractor under the public-private agreement or in connection with the transportation project; or (E) other compensation set forth in the public-private agreement or otherwise deemed appropriate by the responsible public entity. (11) The date and terms of termination of the contractor's authority and duties under the public-private agreement and the circumstances under which the contractor's authority and duties may be terminated prior to that date. (12) Reversion of the transportation project to the responsible public entity at the termination or expiration of the public-private agreement. (13) Rights and remedies of the responsible public entity in the event that the contractor defaults or otherwise fails to comply with the terms of the public-private agreement. (14) Procedures for the selection of professional design firms and subcontractors for use by the responsible public entity or eligible county as an owner's representation services, which shall be consistent with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act for the selection of professional design firms and may include, in the discretion of the responsible public entity, procedures consistent with the low bid procurement procedures outlined in the Illinois Procurement Code for the selection of construction companies. (15) Other terms, conditions, and provisions that the responsible public entity believes are in the public interest. (c) The responsible public entity may fix and revise the amounts of user fees that a contractor may charge and collect for the use of any part of a transportation project in accordance with the public-private agreement. In fixing the amounts, the responsible public entity may establish maximum amounts for the user fees and may provide that the maximums and any increases or decreases of those maximums shall be based upon the indices, methodologies, or other factors the responsible public entity considers appropriate. (c-5) The Department may accept proposals subject to environmental review and the documentation of the environmental review. The environmental review and documentation of the environmental review shall at all times be conducted as directed by the Department, shall be subject to the oversight of the Department, and shall comply with all requirements of State and federal law, applicable federal regulations, and the National Environmental Policy Act (42 U.S.C. 4321 et seq.), if applicable, including, but not limited to, the study of alternatives to the proposed project and any proposed alignments, procedural requirements, and the completion of any and all environmental documents required to be completed by the Department and any federal agency acting as a lead agency. All environmental mitigation commitments agreed to during the environmental review phase are required to be implemented during project implementation, or, as required, to ensure compliance is maintained with all applicable environmental laws and regulations. (d) A public-private agreement may: (1) authorize the imposition of tolls in any manner determined appropriate by the responsible public entity for the transportation project; (2) authorize the contractor to adjust the user fees for the use of the transportation project, so long as the amounts charged and collected by the contractor do not exceed the maximum amounts established by the responsible public entity under the public-private agreement; (3) provide that any adjustment by the contractor permitted under paragraph (2) of this subsection (d) may be based on the indices, methodologies, or other factors described in the public-private agreement or approved by the responsible public entity; (4) authorize the contractor to charge and collect user fees through methods, including, but not limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, global positioning system-based, photo-based, or video-based toll collection enforcement, provided that to the maximum extent feasible the contractor will (i) utilize open road tolling methods that allow payment of tolls at highway speeds and (ii) comply with United States Department of Transportation requirements and best practices with respect to tolling methods; and (5) authorize the collection of user fees by a third party. (e) In the public-private agreement, the responsible public entity may agree to make grants or loans for the development or operation, or both, of the transportation project from time to time from amounts received from the federal government or any agency or instrumentality of the federal government or from any State or local agency. (f) Upon the termination or expiration of the public-private agreement, including a termination for default, the responsible public entity shall have the right to take over the transportation project and to succeed to all of the right, title, and interest in the transportation project. Upon termination or expiration of the public-private agreement relating to a transportation project undertaken by the Department, all real property acquired as a part of the transportation project shall be held in the name of the State of Illinois. Upon termination or expiration of the public-private agreement relating to a transportation project undertaken by the Authority, all real property acquired as a part of the transportation project shall be held in the name of the Authority. (g) If a responsible public entity elects to take over a transportation project as provided in subsection (f) of this Section, the responsible public entity may do the following: (1) develop, finance, or operate the project, including through a public-private agreement entered into in accordance with this Act; or (2) impose, collect, retain, and use user fees, if any, for the project. (h) If a responsible public entity elects to take over a transportation project as provided in subsection (f) of this Section, the responsible public entity may use the revenues, if any, for any lawful purpose, including to: (1) make payments to individuals or entities in connection with any financing of the transportation project, including through a public-private agreement entered into in accordance with this Act; (2) permit a contractor to receive some or all of the revenues under a public-private agreement entered into under this Act; (3) pay development costs of the project; (4) pay current operation costs of the project or facilities; (5) pay the contractor for any compensation or payment owing upon termination; and (6) pay for the development, financing, or operation of any other project or projects the responsible public entity deems appropriate. (i) The full faith and credit of the State or any political subdivision of the State or the responsible public entity is not pledged to secure any financing of the contractor by the election to take over the transportation project. Assumption of development or operation, or both, of the transportation project does not obligate the State or any political subdivision of the State or the responsible public entity to pay any obligation of the contractor. (j) The responsible public entity may enter into a public-private agreement with multiple approved proposers if the responsible public entity determines in writing that it is in the public interest to do so. (k) A public-private agreement shall not include any provision under which the responsible public entity agrees to restrict or to provide compensation to the private entity for the construction or operation of a competing transportation facility during the term of the public-private agreement. (l) With respect to a public-private agreement entered into by the Department, the Department shall certify in its State budget request to the Governor each year the amount required by the Department during the next State fiscal year to enable the Department to make any payment obligated to be made by the Department pursuant to that public-private agreement, and the Governor shall include that amount in the State budget submitted to the General Assembly. (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.)
630 ILCS 5/40
(630 ILCS 5/40) Sec. 40. Development and operations standards for transportation projects. (a) The plans and specifications, if any, for each project developed under this Act must comply with: (1) the responsible public entity'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 Structural Engineering Practice Act of 1989, the Illinois Architecture Practice Act of 1989, the requirements of Section 30-22 of the Illinois Procurement Code as they apply to responsible bidders, and the Illinois Professional Land Surveyor Act of 1989; and (3) any other applicable State or federal standards. (b) Each highway project constructed or operated under this Act is considered to be part of: (1) the State highway system for purposes of identification, maintenance standards, and enforcement of traffic laws if the highway project is under the jurisdiction of the Department; or (2) the toll highway system for purposes of identification, maintenance standards, and enforcement of traffic laws if the highway project is under the jurisdiction of the Authority. (c) Any unit of local government or State agency may enter into agreements with the contractor for maintenance or other services under this Act. (d) Any electronic toll collection system used on a toll highway, bridge, or tunnel as part of a transportation project must be compatible with the electronic toll collection system used by the Authority. The Authority is authorized to construct, operate, and maintain any electronic toll collection system used on a toll highway, bridge, or tunnel as part of a transportation project pursuant to an agreement with the responsible public entity or the contractor responsible for the transportation project. All private entities and public agencies shall have an equal opportunity to contract with the Authority to provide construction, operation, and maintenance services. In addition, during the procurement of a public-private agreement, these construction, operation, and maintenance services shall be available under identical terms to each private entity participating in the procurement. To the extent that a public-private agreement or an agreement with a public agency under subsection (c) of Section 20 of this Act authorizes tolling, the responsible public entities and any contractor under a public-private partnership or a public agency under an agreement pursuant to subsection (c) of Section 20 of this Act shall comply with subsection (a-5) of Section 10 of the Toll Highway Act as it relates to toll enforcement. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/45
(630 ILCS 5/45) Sec. 45. Financial arrangements. (a) The responsible public entity may do any combination of applying for, executing, or endorsing applications submitted by private entities to obtain federal, State, or local credit assistance for transportation projects developed, financed, or operated under this Act, including loans, lines of credit, and guarantees. (b) The responsible public entity may take any action to obtain federal, State, or local assistance for a transportation project that serves the public purpose of this Act and may enter into any contracts required to receive the federal assistance. The responsible public entity may determine that it serves the public purpose of this Act for all or any portion of the costs of a transportation project to be paid, directly or indirectly, from the proceeds of a grant or loan, line of credit, or loan guarantee made by a local, State, or federal government or any agency or instrumentality of a local, State, or federal government. Such assistance may include, but not be limited to, federal credit assistance pursuant to the Transportation Infrastructure Finance and Innovation Act (TIFIA). (c) The responsible public entity may agree to make grants or loans for the development, financing, or operation of a transportation project from time to time, from amounts received from the federal, State, or local government or any agency or instrumentality of the federal, State, or local government. (d) Any financing of a transportation project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement. (e) For the purpose of financing a transportation project, the contractor and the responsible public entity may do the following: (1) propose to use any and all revenues that may be available to them; (2) enter into grant agreements; (3) access any other funds available to the responsible public entity; and (4) accept grants from the responsible public entity or other public or private agency or entity. (f) For the purpose of financing a transportation project, public funds, including public or private pension funds, may be used and mixed and aggregated with funds provided by or on behalf of the contractor or other private entities. (g) For the purpose of financing a transportation project, each responsible public entity is authorized to do any combination of applying for, executing, or endorsing applications for an allocation of tax-exempt bond financing authorization provided by Section 142(m) of the United States Internal Revenue Code, as well as financing available under any other federal law or program. (h) Any bonds, debt, or other securities or other financing issued by or on behalf of a contractor for the purposes of a project undertaken under this Act shall not be deemed to constitute a debt of the State or any political subdivision of the State or a pledge of the faith and credit of the State or any political subdivision of the State. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/50
(630 ILCS 5/50) Sec. 50. Acquisition of property. (a) The responsible public entity may exercise any power of condemnation or eminent domain, including quick-take powers, that it has under law, including, in the case of the Department, all powers for acquisition of property rights granted it in the Illinois Highway Code, for the purpose of acquiring any lands or estates or interests in land for a transportation project to the extent provided in the public-private agreement or otherwise to the extent that the responsible public entity finds that the action serves the public purpose of this Act and deems it appropriate in the exercise of its powers under this Act. (b) The responsible public entity and a contractor may enter into the leases, licenses, easements, and other grants of property interests that the responsible public entity determines necessary to carry out this Act. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/55 Labor
(630 ILCS 5/55) Sec. 55. Labor. (a) A public-private agreement related to a transportation project pertaining to the building, altering, repairing, maintaining, improving, or demolishing a transportation facility shall require the contractor and all subcontractors to comply with the requirements of Section 30-22 of the Illinois Procurement Code as they apply to responsible bidders and to present satisfactory evidence of that compliance to the responsible public entity, unless the transportation project is federally funded and the application of those requirements would jeopardize the receipt or use of federal funds in support of the transportation project. (b) A public-private agreement related to a transportation project pertaining to a new transportation facility shall require the contractor to enter into a project labor agreement utilized by the Department. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/60
(630 ILCS 5/60) Sec. 60. Law enforcement. (a) All law enforcement officers of the State and of each affected local jurisdiction have the same powers and jurisdiction within the limits of the transportation facility as they have in their respective areas of jurisdiction. (b) Law enforcement officers shall have access to the transportation facility at any time for the purpose of exercising the law enforcement officers' powers and jurisdiction. (c) The traffic and motor vehicle laws of the State of Illinois or, if applicable, any local jurisdiction shall be the same as those applying to conduct on similar projects in the State of Illinois or the local jurisdiction. (d) Punishment for infractions and offenses shall be as prescribed by law for conduct occurring on similar projects in the State of Illinois or the local jurisdiction. (Source: P.A. 97-502, eff. 8-23-11.)
630 ILCS 5/65
(630 ILCS 5/65) Sec. 65. Term of agreement; reversion of property to responsible public entity. (a) The term of a public-private agreement, including all extensions, may not exceed 99 years. (b) The responsible public entity shall terminate the contractor's authority and duties under the public-private agreement on the date set forth in the public-private agreement. (c) Upon termination of the public-private agreement, the authority and duties of the contractor under this Act cease, except for those duties and obligations that extend beyond the termination, as set forth in the public-private agreement, and all interests in the transportation facility shall revert to the responsible public entity. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/70
(630 ILCS 5/70) Sec. 70. Additional powers of responsible public entities with respect to transportation projects. (a) Each responsible public entity may exercise any powers provided under this Act in participation or cooperation with any governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute. Each responsible public entity shall cooperate with each other and with other governmental entities in carrying out transportation projects under this Act. (b) Each responsible public entity may make and enter into all contracts and agreements necessary or incidental to the performance of the responsible public entity's duties and the execution of the responsible public entity's powers under this Act. Except as otherwise required by law, these contracts or agreements are not subject to any approvals other than the approval of the responsible public entity and may be for any term of years and contain any terms that are considered reasonable by the responsible public entity. (c) Each responsible public entity may pay the costs incurred under a public-private agreement entered into under this Act from any funds available to the responsible public entity under this Act or any other statute. (d) A responsible public entity or other State agency may not take any action that would impair a public-private agreement entered into under this Act. (e) Each responsible public entity may enter into an agreement between and among the contractor, the responsible public entity, and the Illinois State Police concerning the provision of law enforcement assistance with respect to a transportation project that is the subject of a public-private agreement under this Act. (f) Each responsible public entity is authorized to enter into arrangements with the Illinois State Police related to costs incurred in providing law enforcement assistance under this Act. (Source: P.A. 102-538, eff. 8-20-21; 103-570, eff. 1-1-24.)
630 ILCS 5/75
(630 ILCS 5/75) Sec. 75. Prohibited local action. A unit of local government may not take any action that would have the effect of impairing a public-private agreement under this Act, provided that this Section 75 shall not diminish any existing police power or other power provided by law to a unit of local government. (Source: P.A. 97-502, eff. 8-23-11.)
630 ILCS 5/80
(630 ILCS 5/80) Sec. 80. Powers liberally construed. The powers conferred by this Act shall be liberally construed in order to accomplish their purposes and shall be in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this Act, this Act is controlling as to any public-private agreement entered into under this Act. To implement the powers conferred by this Act, the responsible public entity may establish rules and procedures for the procurement of a public-private agreement under this Act. Nothing contained in this Act is intended to supersede applicable federal law or to foreclose the use or potential use of federal funds. In the event any provision of this Act is inconsistent with applicable federal law or would have the effect of foreclosing the use or potential use of federal funds, the applicable federal law or funding condition shall prevail, but only to the extent of such inconsistency. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/85
(630 ILCS 5/85) Sec. 85. Full and complete authority. This Act contains full and complete authority for agreements and leases with private entities to carry out the activities described in this Act. Except as otherwise required by law, no procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the responsible public entity or any other State or local agency or official are required to enter into an agreement or lease. (Source: P.A. 103-570, eff. 1-1-24.)
630 ILCS 5/90 Public-Private Partnerships for Transportation Fund
(630 ILCS 5/90) Sec. 90. Public-Private Partnerships for Transportation Fund. The Public-Private Partnerships for Transportation Fund is created as a special fund in the State treasury. Moneys in the Public-Private Partnerships for Transportation Fund shall be appropriated to the Department of Transportation to promote the development, financing, and operation of transportation facilities under this Act. Investment income which is attributable to the investment of moneys in the Public-Private Partnerships for Transportation Fund shall be retained in the Public-Private Partnerships for Transportation Fund. (Source: P.A. 97-858, eff. 7-27-12.)
630 ILCS 5/905
(630 ILCS 5/905) Sec. 905. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/910
(630 ILCS 5/910) Sec. 910. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/915
(630 ILCS 5/915) Sec. 915. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/920
(630 ILCS 5/920) Sec. 920. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/925
(630 ILCS 5/925) Sec. 925. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/930
(630 ILCS 5/930) Sec. 930. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/935
(630 ILCS 5/935) Sec. 935. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/940
(630 ILCS 5/940) Sec. 940. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/945
(630 ILCS 5/945) Sec. 945. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/950
(630 ILCS 5/950) Sec. 950. (Amendatory provisions; text omitted). (Source: P.A. 97-502, eff. 8-23-11; text omitted.)
630 ILCS 5/999
(630 ILCS 5/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 97-502, eff. 8-23-11.)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026