3.  Other Contractual Provisions

The USDOT Model Legislation contains a list of other contractual provisions that typically should be included in transportation PPP agreements between the public and private sectors. These provisions include 1) the type of property interest (if any) the private entity will obtain in the transportation facility; 2) procedures for public inspection of construction or improvements; 3) insurance provisions; 4) a requirement that the private operator file periodic financial statements and traffic reports; (5) apportionment of expenses between the public- and private-sector parties; and (6) assignment, subcontracting, or other delegation of rights. This is not a comprehensive list of all provisions that should be included in a PPP agreement, but merely represents some of the provisions that typically appear in such arrangements.