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Illinois Compiled Statutes
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ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/Art. 4 Div. 1
(605 ILCS 5/Art. 4 Div. 1 heading)
DIVISION 1.
GENERAL POWERS OF DEPARTMENT
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605 ILCS 5/4-101
(605 ILCS 5/4-101) (from Ch. 121, par. 4-101)
Sec. 4-101.
The Department shall have the powers and duties stated in Sections
4-101.1 to 4-101.16, inclusive.
(Source: P.A. 78-315 .)
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605 ILCS 5/4-101.1
(605 ILCS 5/4-101.1) (from Ch. 121, par. 4-101.1)
Sec. 4-101.1.
To have general supervision of highways to which this Code
applies under the provisions of Section 1-103 heretofore or hereafter
constructed or thereafter maintained in whole or in part with State funds.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.2
(605 ILCS 5/4-101.2) (from Ch. 121, par. 4-101.2)
Sec. 4-101.2.
To prescribe rules and regulations not inconsistent with law,
relating to the examination and qualifications of candidates for the office
of county superintendent of highways. Such rules and regulations shall,
before taking effect, be printed for distribution by the Department.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.3
(605 ILCS 5/4-101.3) (from Ch. 121, par. 4-101.3)
Sec. 4-101.3.
To aid county superintendents of highways in establishing
grades, preparing suitable systems of drainage and advise them as to the
construction and maintenance of highways.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.4
(605 ILCS 5/4-101.4) (from Ch. 121, par. 4-101.4)
Sec. 4-101.4.
To cause plans, specifications and estimates to be prepared
for the construction and repair of bridges and culverts when requested so
to do by a county superintendent of highways.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.5
(605 ILCS 5/4-101.5) (from Ch. 121, par. 4-101.5)
Sec. 4-101.5.
To investigate and determine the various methods of highway
construction adapted to different sections of the State and as to the best
methods of maintenance of highways.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.6
(605 ILCS 5/4-101.6) (from Ch. 121, par. 4-101.6)
Sec. 4-101.6.
To compile statistics relating to highways throughout the
State and collect such information in regard thereto as it shall deem
expedient.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.7
(605 ILCS 5/4-101.7) (from Ch. 121, par. 4-101.7)
Sec. 4-101.7.
To approve and determine the final plans, specifications and
estimates for all highways to which this Code applies under the provisions
of Section 1-103 on which State funds may be expended.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.8
(605 ILCS 5/4-101.8) (from Ch. 121, par. 4-101.8)
Sec. 4-101.8.
To let contracts in accordance with law for the construction
of highways.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.9
(605 ILCS 5/4-101.9) (from Ch. 121, par. 4-101.9)
Sec. 4-101.9.
To prescribe a system of auditing and accounting for all
highway moneys for the use of all county and road district officials, which
shall be adopted and used by such officials, and which system shall be as
nearly uniform as practically possible.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.10
(605 ILCS 5/4-101.10) (from Ch. 121, par. 4-101.10)
Sec. 4-101.10.
To consult with other highway authorities relative to any
question involving highways.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.11
(605 ILCS 5/4-101.11) (from Ch. 121, par. 4-101.11)
Sec. 4-101.11.
To make investigations to determine reasonably anticipated
future need for federal aid highways and State highways.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.12
(605 ILCS 5/4-101.12) (from Ch. 121, par. 4-101.12)
Sec. 4-101.12.
To aid at all times in promoting highway improvement
throughout the State and perform such other duties and have such other
powers in respect to highways as may be imposed or conferred upon it by
law.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.13
(605 ILCS 5/4-101.13) (from Ch. 121, par. 4-101.13)
Sec. 4-101.13.
To publish maps in convenient forms showing State and other
highways for use by the public and, in its discretion, to fix a charge
therefor not in excess of the cost of publication.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-101.14
(605 ILCS 5/4-101.14) (from Ch. 121, par. 4-101.14)
Sec. 4-101.14.
To obtain, subject to the provisions of the "Personnel
Code", approved July 18, 1955, as heretofore or hereafter amended, all
employees necessary in the administration of its powers and duties under
this Code.
However, persons assigned as highway maintenance employees who are not
subject to jurisdiction B of the "Personnel Code" and who operate snow
removal equipment shall not be discharged except for cause between October
31 of any year and May 1 of the following year.
(Source: Laws 1961, p. 3226.)
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605 ILCS 5/4-101.15
(605 ILCS 5/4-101.15) (from Ch. 121, par. 4-101.15)
Sec. 4-101.15.
The Department of Central Management Services
shall procure for or in behalf of each State highway employee, without cost
to him, public liability insurance protecting him against any liability
arising out of his employment to the extent of the insurance policy limits
not exceeding $100,000 or include each such employee under a self-insurance
plan implemented under Section 405-105 of the Department of
Central Management Services Law (20 ILCS 405/405-105).
(Source: P.A. 91-239, eff. 1-1-00.)
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605 ILCS 5/4-101.16
(605 ILCS 5/4-101.16) (from Ch. 121, par. 4-101.16)
Sec. 4-101.16.
To prepare or cause to be prepared and maintain or cause to be
maintained a schedule of priority of needs in the selection of
railroad-highway grade crossings to be separated without regard to whether
the highway is maintained by the State or any county, township or
municipality. Such schedule shall be based on current and projected
vehicular traffic and train movements over the railroad-highway grade
crossing, the frequency and duration of interruptions to vehicular traffic,
and the impact of separating the railroad-highway grade crossing on
adjacent residential, economic and governmental interests.
(Source: P.A. 78-315 .)
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605 ILCS 5/4-102
(605 ILCS 5/4-102) (from Ch. 121, par. 4-102)
Sec. 4-102.
The Department may prepare, in accordance with the regulations
of the designated authority of the United States Government, the project
statements, sketch maps, surveys, plans, specifications, estimates, bid
forms, contracts and bonds to be used in connection with the construction
of any of the federal aid highways in this State. The Department may
construct any federal aid work provided for in Article 3 and purchase and
supply any labor, tools, machinery, supplies and materials needed for any
such work. Such construction work and labor shall be performed in
accordance with the general laws of this State, and under the direct
supervision of the Department, subject to the inspection and approval of
the designated authority of the United States Government, and in accordance
with its rules and regulations.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/4-103
(605 ILCS 5/4-103) (from Ch. 121, par. 4-103)
Sec. 4-103.
Any contracts that may be entered into for the construction of
highways shall be let after due public advertisement to the
lowest responsible bidder, or bidders, upon terms and conditions to be
fixed by the Department, and the Department shall also require the
successful bidder, or bidders, to furnish good and sufficient bonds to
insure proper and prompt completion of such work in accordance with the
provisions of such contracts.
Partial payments may be made for the work as it progresses provided that
the Department retains an amount as required by the Standard Specifications
for Road and Bridge construction.
At the request of the contractor and with the approval of the Department
the retainage of the contract may be deposited under a trust agreement with
an Illinois financial institution, whose deposits are insured by an
agency or instrumentality of the federal government, of the
contractor's choice and subject to the approval of
the Department.
The contractor shall receive any interest thereon.
Pursuant to application by the contractor, a trust agreement by the
financial institution
and the Department shall contain as a minimum, the following provisions:
a. The amount to be deposited subject to the trust;
b. The terms and conditions of payment in case of default of the
contractor;
c. The termination of the trust agreement upon completion of the
contract.
The contractor shall be responsible for obtaining the written consent of
the financial institution trustee, and any costs or service
fees shall be borne by the
contractor.
The trust agreement may, at the discretion of the Department and upon
request of the contractor, become operative at the time of the first
partial payment in accordance with existing statutes and Department
procedures.
The provisions of this Section shall apply to all contracts in effect
on and after the effective date of this amendatory Act of 1981.
(Source: P.A. 84-1263.)
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605 ILCS 5/4-104
(605 ILCS 5/4-104)
Sec. 4-104.
Subcontractors' trust agreements.
This Section applies to
subcontractors' retainage amounts expected to be equal to or greater than
$20,000. Upon the
contractor's receipt of the first partial or progress payment from the
Department, at
the request of the subcontractor and with the approval of
the contractor, the retainage of the subcontract shall be
deposited under a trust agreement with an Illinois
financial institution, whose deposits are insured by an
agency or instrumentality of the federal government, of
the subcontractor's choice and subject to the approval of
the contractor. The subcontractor shall receive any
interest on the amount deposited.
Upon application by the subcontractor, a trust
agreement by the financial institution and the contractor
must contain, at a minimum, the following provisions:
(1) The amount to be deposited subject to the
trust.
(2) The terms and conditions of payment in case of | | default of the subcontractor.
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(3) The termination of the trust agreement upon
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The subcontractor is responsible for obtaining the
written consent of the financial institution trustee. Any
costs or service fees must be borne by the subcontractor.
The trust agreement may, at the discretion of the
contractor and upon request of the subcontractor, become
operative at the time of the first partial payment in
accordance with existing statutes and Department
procedures. Subcontractors' trust agreements are voluntary and supersede any
prohibition regarding retainage that may be adopted by any transportation
agency.
This Section applies to all subcontracts in effect
on and after the effective date of this amendatory Act of
the 92nd General Assembly.
(Source: P.A. 92-270, eff. 8-7-01.)
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605 ILCS 5/4-105
(605 ILCS 5/4-105)
Sec. 4-105. (Repealed).
(Source: P.A. 96-358, eff. 8-13-09. Repealed by P.A. 98-877, eff. 8-11-14.)
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605 ILCS 5/4-106 (605 ILCS 5/4-106) Sec. 4-106. Preservation of bridge infrastructure. (a) The Department may adopt rules governing all corrosion prevention projects carried out on eligible bridges. Rules may include a process for ensuring that corrosion prevention and mitigation methods are carried out according to corrosion prevention industry standards adopted by the Department for eligible bridges that include: (1) a plan to prevent environmental degradation that | | could occur as a result of carrying out corrosion prevention and mitigation methods including the careful handling and containment of hazardous materials; and
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| (2) consulting and interacting directly with, for the
| | purpose of utilizing trained personnel specializing in the design and inspection of corrosion prevention and mitigation methods on bridges.
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| (b) As used in this Section:
"Corrosion" means a naturally occurring phenomenon
commonly defined as the deterioration of a metal that results from a chemical or electrochemical reaction with its environment.
"Corrosion prevention and mitigation methods" means:
(1) the preparation, application, installation,
| | removal, or general maintenance as necessary of a protective coating system including the following:
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| (A) surface preparation and coating application
| | on an eligible bridge, but does not include gunite or similar materials; or
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| (B) shop painting of structural steel fabricated
| | for installation as part of an eligible bridge.
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| "Corrosion prevention project" means carrying out corrosion prevention and mitigation methods during construction, alteration, maintenance, repair work on permanently exposed portions of an eligible bridge, or at any other time necessary on an eligible bridge. "Corrosion prevention project" does not include traffic control or clean-up related to surface preparation or the application of any curing compound or other substance onto or into any cement, cementitious substrate, or bituminous material.
"Eligible bridge" means a bridge or overpass the construction, alteration, maintenance, or repair work on which is funded directly by, or provided other assistance through, a municipality, a public-private partnership, the State, the federal government, or some combination thereof. "Eligible bridge" does not include a bridge or overpass that is being demolished, removed, or replaced.
(c) The requirements of this Section do not apply to an individual licensed under the Professional Engineering Practice Act of 1989 or the Structural Engineering Act of 1989.
(Source: P.A. 101-226, eff. 6-1-20 .)
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