WATER COMMISSION-CONSTRUCTION

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4951

Introduced , by Rep. Martha Deuter

SYNOPSIS AS INTRODUCED:

70 ILCS 3720/2

from Ch. 111 2/3, par. 252
70 ILCS 3720/6 new
70 ILCS 3720/7 new
70 ILCS 3720/8 new
70 ILCS 3720/9 new
70 ILCS 3720/10 new
70 ILCS 3720/11 new
70 ILCS 3720/12 new
70 ILCS 3720/13 new
70 ILCS 3720/14 new
70 ILCS 3720/15 new
65 ILCS 5/11-135-8

from Ch. 24, par. 11-135-8

Amends the Water Commission Act of 1985. Deletes a provision which
specifies that no commissioner who is a member of the governing board or an
officer or employee of the county or any unit of local government within
the county may receive any compensation for serving as a commissioner on
the county water commission. Allows a county water commission to use
alternate project delivery methods, establish goals or requirements for
the procurement of goods and services and for construction contracts, and
accept assignment of municipal waterworks system contracts or other public
improvement contracts. Gives commissions the authority to enter into
design-build contracts and use a design-build delivery system. Includes
requirements pertaining to the design-build delivery system. Amends the
Illinois Municipal Code. Provides that a county water commission may
construct water transmission and distribution lines within a radius of 50
miles (rather than 25 miles) outside the corporate limits of member
municipalities for the purpose of furnishing water to any additional
entities that contract with the commission for a supply of water.
LRB104 18852 TRT 32297 b

A BILL FOR

HB4951
LRB104 18852 TRT 32297 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Water Commission Act of 1985 is amended by
5
changing Section 2 and by adding Sections 6, 7, 8, 9, 10, 11,
6
12, 13, 14, and 15 as follows:

7

(70 ILCS 3720/2)

(from Ch. 111 2/3, par. 252)
8

Sec. 2.
The General Assembly hereby finds and declares
9
that it is necessary and in the public interest to help assure
10
a sufficient and economic supply of a source of water within
11
those county wide areas of this State where, because of a
12
growth in population and proximity to large urban centers, the
13
health, safety and welfare of the residents is threatened by
14
an ever increasing shortage of a continuing, available and
15
adequate source and supply of water on an economically
16
reasonable basis; however, it is not the intent of the General
17
Assembly to interfere with the power of municipalities to
18
provide for the retail distribution of water to their
19
residents or the customers of their water systems. Therefore,
20
in order to provide for a sufficient and economic supply of
21
water to such areas, it is hereby declared to be the law of
22
this State that:
23

(a) With respect to any water commission constituted

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1
pursuant to Division 135 of the Illinois Municipal Code or
2
established by operation of law under Public Act 83-1123, as
3
amended, which water commission includes municipalities which
4
in the aggregate have within their corporate limits more than
5
50% of the population of a county (hereinafter referred to as a
6
"home county"), and such county is contiguous to a county
7
which has a population in excess of 1,000,000 inhabitants, the
8
provisions of this Act shall apply. With respect to any such
9
water commission (hereinafter referred to as a "county water
10
commission"):

11

(i) the terms of all commissioners of such commission
12

holding office at the time a water commission becomes a
13

county water commission shall terminate 30 days after such
14

time and new commissioners shall be appointed as the
15

governing board of the county water commission as
16

hereinafter provided in subsection (c); and

17

(ii) the county water commission shall continue to be
18

a body corporate and politic, and shall bear the name of
19

the home county but shall be independent from and not a
20

part of the county government and shall itself be a
21

political subdivision and a unit of local government, and
22

upon appointment of the new commissioners as the governing
23

board of such water commission as provided in subsection
24

(c), such water commission shall remain responsible for
25

the full payment of, and shall by operation of law be
26

deemed to have assumed and shall pay when due all debts and

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1

obligations of the commission as the same is constituted
2

and as such debts and obligations existed on the date such
3

water commission becomes a county water commission and
4

such additional debts and obligations as are incurred by
5

such commission after such date and prior to the
6

appointment of the new commissioners as the governing
7

board of such commission, and further shall continue to
8

have and exercise all powers and functions and duties of a
9

water commission created pursuant to Division 135 of the
10

Illinois Municipal Code, as now or hereafter amended, and
11

the county water commission may rely on that Division, as
12

modified and supplemented by the provisions of this Act,
13

as lawful authority under which it may act.
14

(b) Any county water commission shall have as its
15
territory within its corporate limits, subject to taxation for
16
its purposes, and subject to the powers and limitations as
17
conferred by this Act, (i) all of the territory of the home
18
county except that territory located within the corporate
19
limits of excluded units as hereinafter defined and (ii) also
20
all of the territory located outside the home county and
21
included within the corporate limits of an included unit as
22
hereinafter defined. As used in this Act, "excluded unit"
23
means a unit of local government having a waterworks system
24
and having within its corporate limits territory within the
25
home county and which either, at the time any commission
26
becomes a county water commission, receives, or has contracted

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at such time for the receipt of, more than 25% of the water
2
distributed by such unit's water system from a source outside
3
of the home county, or a unit of local government that seeks a
4
change in status as provided in this Section. As used in this
5
Section, "included unit" means any unit of local government
6
having a waterworks system and having within its corporate
7
limits territory within the home county, which unit of local
8
government is not an excluded unit. No other water commission
9
shall be constituted under Division 135 of the Illinois
10
Municipal Code in any home county after the effective date of
11
this Act to provide water from any source located outside the
12
home county. A unit of local government may switch its status
13
from being an included unit to an excluded unit provided that
14
(i) it has constructed a water treatment plant prior to
15
December 31, 2006 to comply with United States Environmental
16
Protection Agency regulations regarding radium; (ii) it
17
notifies the commission in writing of its desire to become an
18
excluded unit; and (iii) it no longer demands future service
19
from the commission and shall not be reinstated as an included
20
unit. In the event a unit of local government switches status,
21
the water commission shall, from any legally available
22
sources, transfer the sums collected from that unit of local
23
government for the period of time beginning January 1, 2006 to
24
the date that this tax is no longer assessed within the
25
affected excluded unit. The transfer of funds authorized
26
herein shall be made within 90 days of the effective date of

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1
this amendatory Act of the 95th General Assembly. Except as
2
authorized by a county water commission, no home county or
3
included unit shall enter into any new or renew or extend any
4
existing contract, agreement or other arrangement for the
5
acquisition or sale of water from any source located outside a
6
home county; provided, however, that any included unit may
7
contract for a supply of water in case of a temporary emergency
8
from any other unit of local government or any entity. In the
9
event that any included unit elects to serve retail customers
10
outside its corporate boundaries and to establish rates and
11
charges for such water in excess of those charged within its
12
corporate boundaries, such rates and charges shall have a
13
reasonable relationship to the actual cost of providing and
14
delivering the water; this provision is declarative of
15
existing law. It is declared to be the law of this State
16
pursuant to paragraphs (g) and (h) of Section 6 of Article VII
17
of the Illinois Constitution that in any home county, the
18
provisions of this Act and Division 135 of the Illinois
19
Municipal Code, as modified and supplemented by this Act and
20
this amendatory Act of the 93rd General Assembly, constitute a
21
limitation upon the power of any such county and upon all units
22
of local government (except excluded units) within such
23
county, including home rule units, limiting to such county,
24
units of local government and home rule units the power to
25
acquire, supply or distribute water or to establish any water
26
commission for such purposes involving water from any source

HB4951
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LRB104 18852 TRT 32297 b
1
located outside the home county in a manner other than as
2
provided or permitted by this Act and Division 135, as
3
modified and supplemented by this Act, and further constitute
4
an exercise of exclusive State power with respect to the
5
acquisition, supply and distribution of water from any source
6
located outside the home county by any such county and by units
7
of local government (except excluded units), including home
8
rule units, within such county and with respect to the
9
establishment for such purposes of any water commission
10
therein, which power may not be exercised concurrently by any
11
unit of local government or home rule unit. Upon the request of
12
any included unit, a county water commission shall provide
13
such included unit Lake Michigan water in an amount up to the
14
then current Department of Transportation allocation of Lake
15
Michigan water for such included unit.
16

With respect to a water commission to which the provisions
17
of subsection (a) apply, all uninhabited territory that is
18
owned and solely occupied by such a commission and is located
19
not within its home county but within a non-home rule
20
municipality adjacent to its home county shall,
21
notwithstanding any other provision of law, be disconnected
22
from that municipality by operation of this Act on the
23
effective date of this amendatory Act of 1991, and shall
24
thereafter no longer be within the territory of the
25
municipality for any purpose; except that for the purposes of
26
any statute that requires contiguity of territory, the

HB4951
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LRB104 18852 TRT 32297 b
1
territory of the water commission shall be disregarded and the
2
municipality shall not be deemed to be noncontiguous by virtue
3
of the disconnection of the water commission territory.
4

(c) The governing body of any water commission to which
5
the provisions of subsection (a) apply shall be a board of
6
commissioners, each to be appointed within 30 days after the
7
water commission becomes a county water commission to a term
8
commencing on such date, as follows:

9

(i) one commissioner, who shall serve as chairman, who
10

shall be a resident of the home county, to be appointed by
11

the chairman of the county board of such county with the
12

advice and consent of the county board, provided that
13

following the expiration of the term or vacancy of the
14

current chairman serving on the effective date of this
15

amendatory Act of the 93rd General Assembly, any
16

subsequent appointment as chairman shall also be subject
17

to the advice and consent of the county water commission;

18

(ii) one commissioner from each county board district
19

within the home county, to be appointed by the chairman of
20

the county board of the home county with the advice and
21

consent of the county board; and

22

(iii) one commissioner from each county board district
23

within the home county, to be appointed by the majority
24

vote of the mayors of those included units which are
25

municipalities and which have the greatest percentage of
26

their respective populations residing within such county

HB4951
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LRB104 18852 TRT 32297 b
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board district of the home county.
2

The mayors of the respective county board districts shall
3
meet for the purpose of making said respective appointments at
4
a time and place designated by that mayor in each county board
5
district of the included unit with the largest population
6
voting for a commissioner upon not less than 10 days' written
7
notice to each other mayor entitled to vote.
8

The commissioners so appointed shall serve for a term of 6
9
years, or until their successors have been appointed and have
10
qualified in the same manner as the original appointments,
11
except that at the first meeting of such commissioners, (A)
12
the commissioners first appointed pursuant to paragraph (ii)
13
of this subsection shall determine publicly by lot 1/3 of
14
their number to serve for terms of 2 years, 1/3 of their number
15
to serve for terms of 4 years and 1/3 of their number to serve
16
for terms of 6 years, any odd number of commissioners so
17
determined by dividing into thirds to serve
6-year

6 year

18
terms, and (B) the commissioners first appointed pursuant to
19
paragraph (iii) of this subsection shall determine publicly by
20
lot 1/3 of their number to serve for terms of 2 years, 1/3 of
21
their number to serve for terms of 4 years and 1/3 of their
22
number to serve for terms of 6 years, any odd number of
23
commissioners so determined by dividing into thirds to serve
24
6-year

6 year
terms. The commissioner first appointed pursuant
25
to paragraph (i) of this subsection, who shall serve as
26
chairman, shall serve for a term of 6 years. Any commissioner

HB4951
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LRB104 18852 TRT 32297 b
1
may be a member of the governing board or an officer or
2
employee of such county or any unit of local government within
3
such county. A commissioner is eligible for reappointment upon
4
the expiration of his term. A vacancy in the office of a
5
commissioner shall be filled for the balance of the unexpired
6
term by appointment and qualification as to residency in the
7
same manner as the original appointment was made. Each
8
commissioner shall receive the same compensation which shall
9
not be more than $600 per year
, except that no such
10
commissioner who is a member of the governing board or an
11
officer or employee of such county or any unit of local
12
government within such county may receive any compensation for
13
serving as a commissioner
. Each commissioner may be removed by
14
the appointing authority for any cause for which any other
15
county or municipal officer may be removed. The county water
16
commission shall determine its own rules of proceeding. A
17
quorum shall be a majority of the commissioners then in
18
office. All ordinances or resolutions shall be passed by not
19
less than a majority of a quorum. No commissioner or employee
20
of the commission, no member of the county board or other
21
official elected within such county, no mayor or president or
22
other member of the corporate authorities of any unit of local
23
government within such county, and no employee of such county
24
or any such unit of local government, shall be interested
25
directly or indirectly in any contract or job of work or
26
materials, or the profits thereof, or services to be performed

HB4951
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1
for or by the commission. A violation of any of the foregoing
2
provisions of this subsection is a Class C misdemeanor. A
3
conviction is cause for the removal of a person from his office
4
or employment.
5

(d) Except as provided in subsection (g), subject to the
6
referendum provided for in subsection (e), a county water
7
commission may borrow money for corporate purposes on the
8
credit of the commission, and issue general obligation bonds
9
therefor, in such amounts and form and on such conditions as it
10
shall prescribe, but shall not become indebted in any manner
11
or for any purpose in an amount including existing
12
indebtedness in the aggregate to exceed 5.75% of the aggregate
13
value of the taxable property within the territorial
14
boundaries of the county water commission, as equalized and
15
assessed by the Department of Revenue and as most recently
16
available at the time of the issue of said bonds. Before or at
17
the time of incurring any indebtedness, except as provided in
18
subsection (g), the commission shall provide for the
19
collection of a direct annual tax, which shall be unlimited as
20
to rate or amount, sufficient to pay the interest on such debt
21
as it falls due and also to pay and discharge the principal
22
thereof at maturity, which shall be within 40 years after the
23
date of issue thereof. Such tax shall be levied upon and
24
collected from all of the taxable property within the
25
territory of the county water commission. Dissolution of the
26
county water commission for any reason shall not relieve the

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1
taxable property within such territory of the county water
2
commission from liability for such tax. The clerk of the
3
commission shall file a certified copy of the resolution or
4
ordinance by which such bonds are authorized to be issued and
5
such tax is levied with the County Clerk of each county in
6
which any of the territory of the county water commission is
7
located and such filing shall constitute, without the doing of
8
any other act, full and complete authority for each such
9
County Clerk to extend such tax for collection upon all the
10
taxable property within the territory of the county water
11
commission subject to such tax in each and every year required
12
sufficient to pay the principal of and interest on such bonds,
13
as aforesaid, without limit as to rate or amount, and shall be
14
in addition to and in excess of all other taxes authorized to
15
be levied by the commission or any included unit. The general
16
obligation bonds shall be issued pursuant to an ordinance or
17
resolution and may be issued in one or more series, and shall
18
bear such date or dates, mature at such time or times and in
19
any event not more than 40 years from the date thereof, be sold
20
at such price at private or public sale as determined by a
21
county water commission, bear interest at such rate or rates
22
such that the net effective interest rate received upon the
23
sale of such bonds does not exceed the maximum rate determined
24
under Section 2 of the Bond Authorization Act, which rates may
25
be fixed or variable, be in such denominations, be in such
26
form, either coupon or registered, carry such conversion,

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1
registration, and exchange privileges, be executed in such
2
manner, be payable in such medium of payment at such place or
3
places within or without the State of Illinois, be subject to
4
such terms of redemption, and contain or be subject to such
5
other terms as the ordinance or resolution may provide, and
6
shall not be restricted by the provisions of any other terms of
7
obligations of public agencies or private persons.
8

(e) No issue of general obligation bonds by a county water
9
commission (except bonds to refund an existing bonded
10
indebtedness) shall be authorized unless the commission
11
certifies the proposition of issuing such bonds to the proper
12
election officials, who shall submit the proposition to the
13
voters at an election in accordance with the general election
14
law, and the proposition has been approved by a majority of
15
those voting on the proposition.
16

The proposition shall be in the form provided in Section 5
17
or shall be substantially in the following form:
18
-------------
19
Shall general obligation

20
bonds for the purpose of

21
(state purpose), in the YES

22
sum of $....(insert amount),
-----------------------------

23
be issued by the ......... NO

24
(insert corporate name of

25
the county water commission)?

26
-------------------------------------------------------------

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1

(f) In order to carry out and perform its powers and
2
functions and duties under the provisions of this Act and
3
Division 135 of the Illinois Municipal Code, as modified and
4
supplemented by this Act, the governing body of any county
5
water commission may by ordinance levy annually upon all
6
taxable property within its territory a tax at a rate not to
7
exceed .005% of the value of such property, as equalized or
8
assessed by the Department of Revenue for the year in which the
9
levy is made. In addition, any county water commission may by
10
ordinance levy upon all taxable property within its territory,
11
for one year only, an additional tax for such purposes at a
12
rate not to exceed .20% of the value of such property, as
13
equalized or assessed by the Department of Revenue for that
14
year; provided, however, that such tax may not be levied more
15
than once in any county water commission.
16

(g) Any county water commission shall have the power to
17
borrow money, subject to the indebtedness limitation provided
18
in subsection (d), from the home county or included units, in
19
such amounts and in such terms as agreed by the governing
20
bodies of the commission and the home county or included
21
units.
22

(h) No county water commission constituted pursuant to the
23
Act shall engage in the retail sale or distribution of water to
24
residents or customers of any municipality.
25

(i) Nothing in the Section requires any municipality to
26
contract with a county water commission for a supply of water.

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1

(j) The State of Illinois recognizes that any such
2
contract for the supply of water executed by a unit of local
3
government and a county water commission may contain terms and
4
conditions intended by the parties thereto to be absolute
5
conditions thereof. The State of Illinois also recognizes that
6
persons may loan funds to a county water commission
7
(including, without limitation, the purchase of revenue or
8
general obligation bonds of such commission) in reliance upon
9
the terms and conditions of any such contract for the supply of
10
water. Therefore, the State of Illinois pledges and agrees to
11
those parties and persons which make loans of funds to a county
12
water commission that it will not impair or limit the power or
13
ability of a county water commission or a unit of local
14
government fully to carry out the financial obligations and
15
obligation to furnish water pursuant to the terms of any
16
contract for the supply of water entered into by such county
17
water commission or unit of local government for the term of
18
such contracts or loans. All other terms and conditions of
19
such contracts and intergovernmental agreements shall be
20
binding to the extent that they are not inconsistent with this
21
amendatory Act of the 93rd General Assembly.
22
(Source: P.A. 95-114, eff. 1-1-08.)

23

(70 ILCS 3720/6 new)
24

Sec. 6.
As used in this Act:
25

"Construction-manager-at-risk delivery method" means a

HB4951
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1
delivery method in which the party proposing to be the
2
construction manager commits to be responsible for performance
3
of certain preconstruction services and, if the parties reach
4
agreement on key terms, becomes responsible for construction
5
of the project.
6

"Design-build delivery method" means a delivery system
7
that provides responsibility within a single contract for the
8
furnishing of architecture, engineering, land surveying, and
9
related services as required and the labor, materials,
10
equipment, and other construction services for the project.
11

"Design-build contract" means a contract for a public
12
project under this Division between a commission and a
13
design-build entity to furnish architecture, infrastructure,
14
engineering, land surveying, public art or interpretive
15
exhibits, and related services, as required, and the labor,
16
materials, equipment, and other construction services for the
17
project.
18

"Design-build entity" means any individual, sole
19
proprietorship, firm, partnership, joint venture, corporation,
20
professional corporation, or other entity that proposes to
21
design and construct any public project under this Division.
22

"Design professional" means any individual, sole
23
proprietorship, firm, partnership, joint venture, corporation,
24
professional corporation, or other entity that offers services
25
under the Illinois Architecture Practice Act of 1989, the
26
Professional Engineering Practice Act of 1989, the Structural

HB4951
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1
Engineering Practice Act of 1989, or the Illinois Professional
2
Land Surveyor Act of 1989.
3

"Evaluation criteria" means the requirements for the
4
separate phases of the selection process as defined in this
5
Division and may include the specialized experience, technical
6
qualifications and competence, capacity to perform, past
7
performance, experience with similar projects, assignment of
8
personnel to the project, and other appropriate factors.
9

"Proposal" means the offer to enter into a design-build
10
contract as submitted by a design-build entity in accordance
11
with this Division.
12

"Request for proposal" means the document used by the
13
commission to solicit proposals for a design-build contract.
14

"Scope and performance criteria" means the requirements
15
for the commission project, including, but not limited to, the
16
intended usage, capacity, size, scope, quality and performance
17
standards, life-cycle costs, and other programmatic criteria
18
that are expressed in performance-oriented and quantifiable
19
specifications and drawings that can be reasonably inferred
20
and are suited to allow a design-build entity to develop a
21
proposal.

22

(70 ILCS 3720/7 new)
23

Sec. 7.
Commission facilities.
A waterworks system or a
24
common source of supply of water, or both, purchased or
25
constructed by the commission: (1) may be located within or

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1
without the corporate limits of any customer municipality; (2)
2
may include, or may consist of, without limitation, facilities
3
for receiving, storing, and transmitting water from any source
4
for supplying water to customer municipalities and other
5
purchasers of water from the commission; and (3) may include,
6
without limitation, facilities that are developed, acquired,
7
constructed, extended, or improved by the commission that may,
8
at any time, be owned by another unit of local government if
9
the facilities will serve the waterworks system or provide a
10
common source of supply of water for the commission.

11

(70 ILCS 3720/8 new)
12

Sec. 8.
Construction contracts.
13

(a) All or any portion of a waterworks system or other
14
public improvement of a commission, when the expense thereof
15
will exceed the greater of (i) $25,000 or (ii) the amount of
16
expense above which a work or public improvement by a
17
municipality must be let to the lowest responsible bidder
18
after advertising for bids under Section 8-9-1 of the Illinois
19
Municipal Code, shall be constructed, maintained, or repaired
20
either: (1) by a contract let to the lowest responsible bidder
21
after advertising for bids, in the manner prescribed by the
22
commission's bylaws, rules, and regulations and by the vote
23
required as established in the water purchase and sale
24
contract; or (2) without advertising for bids, if authorized
25
by a vote of greater than a majority of all the commissioners

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1
as established in an intergovernmental agreement. The
2
commission's bylaws, rules, and regulations shall provide for
3
an alternative procedure for emergency procurement if an
4
emergency makes it impracticable to follow the procedures in
5
this subsection.
6

(b) A commission may use alternative project delivery
7
methods if the commission determines it to be in the
8
commission's best interest for a particular project. An
9
alternative project delivery method may include, without
10
limitation, any design-build delivery methods or
11
construction-manager-at-risk delivery methods. All notices for
12
the procurement of goods, services, or work to be provided
13
pursuant to an alternate delivery method shall include all
14
requirements for the goods, services, or work to be procured.
15
All awards of contracts or agreements for the procurement of
16
goods, services, or work to be provided pursuant to an
17
alternate delivery method shall be made on the basis of
18
demonstrated competence and qualifications and with due regard
19
for the principles of competitive selection. As part of an
20
alternate project delivery procurement process, prior to
21
submission of proposals, the commission may conduct meetings
22
and exchange confidential information with proposers to
23
promote understanding of the request for proposals, review
24
alternative design concepts, or discuss other issues related
25
to the procurement.
26

(c) A commission may establish goals or requirements for

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1
the procurement of goods and services and for construction
2
contracts to promote and encourage the continuing economic
3
development of (i) businesses that are owned and operated by
4
minorities, women, persons with disabilities, or veterans;
5
(ii) businesses that are located within the territory of one
6
or more of the municipalities that are members of the
7
commission; (iii) businesses that employ persons who reside in
8
the territory of one or more of the municipalities that are
9
members of the commission. A commission may also establish
10
other goals or requirements that result in the award to a
11
responsible bidder other than the lowest responsible bidder if
12
the commission determines that the award is in the
13
commission's best interests, notwithstanding the requirements
14
of subsection (a). Goals or requirements that are set by a
15
commission that result in a preference being applied to a
16
bidder or proposer, who has met those goals or requirements,
17
in a commission's process for awarding construction contracts
18
and for the procurement of goods and services must comply with
19
the constitutional standards applicable to the preferences.
20

(d) A customer municipality may enter into a contract for
21
any portion of a waterworks system or other public improvement
22
of a commission pursuant to a contracting method that is
23
consistent with the requirements applicable to the
24
municipality and generally consistent with the principles in
25
subsection (a) or (b). The commission may accept assignment of
26
such a contract and of payment obligations under that

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1
contract.
2

(e) In connection with a contract by a commission for the
3
construction of all or any portion of a waterworks system or
4
other public improvement of the commission for which the
5
commission issues bonds, the commission must enter into a
6
project labor agreement with the applicable local building
7
trades council prior to the commencement of any and all
8
construction, building, renovation, demolition, or any
9
material change to the structure or land.

10

(70 ILCS 3720/9 new)
11

Sec. 9.
Solicitation of proposals.
12

(a) A commission may enter into design-build contracts. In
13
addition to the requirements set forth in its local
14
ordinances, when the commission elects to use the design-build
15
delivery method, it must issue a notice of intent to receive
16
proposals for the project at least 14 days before issuing the
17
request for the proposal. The commission must publish the
18
advance notice online on its website. The commission may
19
publish the notice in construction industry publications or
20
post the notice on construction industry websites. A brief
21
description of the proposed procurement must be included in
22
the notice. The commission must provide a copy of the request
23
for proposal to any party requesting a copy.
24

(b) The request for proposal shall be prepared for each
25
project and must contain, without limitation, the following

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1
information:
2

(1) The name of the commission.
3

(2) A preliminary schedule for the completion of the
4

contract.
5

(3) The proposed budget for the project, the source of
6

funds, and the currently available funds at the time the
7

request for proposal is submitted.
8

(4) Prequalification criteria for design-build
9

entities wishing to submit proposals. The Commission shall
10

include, at a minimum, its normal prequalification,
11

licensing, registration, and other requirements; however,
12

nothing precludes the use of additional prequalification
13

criteria by the commission.
14

(5) Material requirements of the contract, including,
15

but not limited to, the proposed terms and conditions,
16

required performance and payment bonds, and insurance.
17

(6) The performance criteria.
18

(7) The evaluation criteria for each phase of the
19

solicitation. Price may not be used as a factor in the
20

evaluation of Phase I proposals.
21

(8) The number of entities that will be considered for
22

the technical and cost evaluation phase.
23

(c) The commission may include any other relevant
24
information that it chooses to supply. The design-build entity
25
shall be entitled to rely upon the accuracy of this
26
documentation in the development of its proposal.

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1

(d) The date that proposals are due must be at least 21
2
calendar days after the date of the issuance of the request for
3
proposal. If the cost of the project is estimated to exceed
4
$12,000,000, then the proposal due date must be at least 28
5
calendar days after the date of the issuance of the request for
6
proposal. The commission shall include in the request for
7
proposal a minimum of 30 days to develop the Phase II
8
submissions after the selection of entities from the Phase I
9
evaluation is completed.

10

(70 ILCS 3720/10 new)
11

Sec. 10.
Development of scope and performance criteria.
12

(a) The commission shall develop, with the assistance of a
13
licensed design professional or licensed professional
14
engineer, a request for proposal, which shall include scope
15
and performance criteria. The scope and performance criteria
16
must be in sufficient detail and contain adequate information
17
to reasonably apprise the qualified design-build entities of
18
the commission's overall programmatic needs and goals,
19
including criteria and preliminary design plans, general
20
budget parameters, schedule, and delivery requirements.
21

(b) Each request for proposal shall also include a
22
description of the level of design to be provided in the
23
proposals. This description must include the scope and type of
24
renderings, drawings, and specifications that, at a minimum,
25
will be required by the commission to be produced by the

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1
design-build entities.
2

(c) The scope and performance criteria shall be prepared
3
by a licensed professional engineer who is an employee of the
4
commission, or the commission may contract with an independent
5
licensed professional engineer or engineering firm selected
6
under the Local Government Professional Services Selection Act
7
to provide these services.
8

(d) The design professional that prepares the scope and
9
performance criteria is prohibited from participating in any
10
design-build entity proposal for the project.
11

(e) The design-build contract may be conditioned upon
12
subsequent refinements in scope and price and may allow the
13
commission to make modifications in the project scope without
14
invalidating the design-build contract.

15

(70 ILCS 3720/11 new)
16

Sec. 11.
Procedures for selection.
17

(a) The commission must use a 2-phase procedure for the
18
selection of the successful design-build entity. Phase I of
19
the procedure will evaluate and shortlist the design-build
20
entities based on qualifications, and Phase II will evaluate
21
the technical and cost proposals.
22

(b) The commission shall include in the request for
23
proposal the evaluating factors to be used in Phase I. These
24
factors are in addition to any prequalification requirements
25
of design-build entities that the commission has set forth.

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1
Each request for proposal shall establish the relative
2
importance assigned to each evaluation factor and subfactor,
3
including any weighting of criteria to be employed by the
4
commission. The commission must maintain a record of the
5
evaluation scoring to be disclosed in event of a protest
6
regarding the solicitation.
7

The commission shall include the following criteria in
8
every Phase I evaluation of design-build entities: (i)
9
experience of personnel; (ii) successful experience with
10
similar project types; (iii) financial capability; (iv)
11
timeliness of past performance; (v) experience with similarly
12
sized projects; (vi) successful reference checks of the firm;
13
and (vii) commitment to assign personnel for the duration of
14
the project and qualifications of the entity's consultants.
15

The commission may include any additional relevant
16
criteria in Phase I that it deems necessary for a proper
17
qualification review. The commission may not consider any
18
design-build entity for evaluation or award if the entity has
19
any pecuniary interest in the project or has other
20
relationships or circumstances, including, but not limited to,
21
long-term leasehold, mutual performance, or development
22
contracts with the commission, that may give the design-build
23
entity a financial or tangible advantage over other
24
design-build entities in the preparation, evaluation, or
25
performance of the design-build contract or that create the
26
appearance of impropriety.

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1

Upon completion of the qualifications evaluation, the
2
commission shall create a shortlist of the most highly
3
qualified design-build entities. The commission, in its
4
discretion, is not required to shortlist the maximum number of
5
entities as identified for Phase II evaluation, provided that
6
no less than 2 design-build entities nor more than 6 are
7
selected to submit Phase II proposals. The commission shall
8
notify the entities selected for the shortlist in writing.
9
This notification shall commence the period for the
10
preparation of the Phase II technical and cost evaluations.
11
The commission must allow sufficient time for the shortlist
12
entities to prepare their Phase II submittals considering the
13
scope and detail requested by the commission.
14

(c) The commission shall include in the request for
15
proposal the evaluating factors to be used in the technical
16
and cost submission components of Phase II. Each request for
17
proposal shall establish, for both the technical and cost
18
submission components of Phase II, the relative importance
19
assigned to each evaluation factor and subfactor, including
20
any weighting of criteria to be employed by the commission.
21
The commission must maintain a record of the evaluation
22
scoring to be disclosed in the event of a protest regarding the
23
solicitation.
24

The commission shall include the following criteria in
25
every Phase II technical evaluation of design-build entities:
26
(i) compliance with objectives of the project; (ii) compliance

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1
of proposed services to the request for proposal requirements;
2
(iii) quality of products or materials proposed; (iv) quality
3
of design parameters; (v) design concepts; (vi) innovation in
4
meeting the scope and performance criteria; and (vii)
5
constructability of the proposed project. The commission may
6
include any additional relevant technical evaluation factors
7
it deems necessary for proper selection.
8

The commission may include the following criteria in every
9
Phase II cost evaluation: the total project cost; the
10
construction costs; and the time of completion. The commission
11
may include any additional relevant technical evaluation
12
factors it deems necessary for proper selection. The total
13
project cost criteria weighting factor shall not exceed 30%.
14

The commission shall directly employ or retain a licensed
15
professional engineer to evaluate the technical and cost
16
submissions to determine if the technical submissions are in
17
accordance with generally accepted industry standards.
18

Upon completion of the technical submissions and cost
19
submissions evaluation, the commission may award the
20
design-build contract to the highest overall ranked entity.

21

(70 ILCS 3720/12 new)
22

Sec. 12.
Small projects.
In any case where the total
23
overall cost of the project is estimated to be less than
24
$12,000,000, the commission may combine the 2-phase procedure
25
for selection described in Section 10 into one combined

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1
procedure, provided that all the requirements of evaluation
2
are performed in accordance with Section 11.

3

(70 ILCS 3720/13 new)
4

Sec. 13.
Submission of proposals.
5

(a) Proposals must be properly identified and sealed.
6
Proposals may not be reviewed until after the deadline for
7
submission has passed as set forth in the request for
8
proposals. All design-build entities submitting proposals
9
shall be disclosed after the deadline for submission, and all
10
design-build entities who are selected for Phase II evaluation
11
shall also be disclosed at the time of that determination.
12

(b) Proposals may include a bid bond in the form and
13
security as designated in the request for proposals. Proposals
14
shall also contain a separate sealed envelope with the cost
15
information within the overall proposal submission. Proposals
16
shall include a list of all design professionals and other
17
entities to which any work may be subcontracted during the
18
performance of the contract.
19

(c) Proposals must meet all material requirements of the
20
request for proposal or they may be rejected as
21
non-responsive. The commission has the right to reject any and
22
all proposals.
23

(d) The drawings and specifications of the proposal may
24
remain the property of the design-build entity.
25

(e) The commission shall review the proposals for

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1
compliance with the performance criteria and evaluation
2
factors.
3

(f) Proposals may be withdrawn prior to evaluation for any
4
cause. After evaluation begins by the commission, clear and
5
convincing evidence of error is required for withdrawal.

6

(70 ILCS 3720/14 new)
7

Sec. 14.
Award; performance.
The commission may award the
8
contract to the highest overall ranked entity. Notice of award
9
shall be made in writing. Unsuccessful entities shall also be
10
notified in writing. The commission may not request a best and
11
final offer after the receipt of proposals. The commission may
12
negotiate with the selected design-build entity after award
13
for the purpose of securing better terms than originally
14
proposed, provided that the salient features of the request
15
for proposal are not diminished.
16

A design-build entity and associated design professionals
17
shall conduct themselves in accordance with the relevant laws
18
of this State and the related provisions of the Illinois
19
Administrative Code.

20

(70 ILCS 3720/15 new)
21

Sec. 15.
Applicability.
Sections 8 through 14 of this Act
22
shall apply notwithstanding anything to the contrary in
23
Division 135 of Article 11 of the Municipal Code.

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1

Section 10.
The Illinois Municipal Code is amended by
2
changing Section 11-135-8 as follows:

3

(65 ILCS 5/11-135-8)

(from Ch. 24, par. 11-135-8)
4

Sec. 11-135-8.
Such commission shall have the right to
5
supply water to any municipality, political subdivision,
6
private person or corporation, in addition to the
7
municipalities which have formed the commission, and to
8
construct water transmission and distribution lines within a
9
radius of
50

25
miles outside the corporate limits of member
10
municipalities for the purpose of furnishing water to any
11
additional entities which contract with the commission for a
12
supply of water, upon such payment, terms and conditions as
13
may be mutually agreed upon. In addition to the foregoing
14
powers, if there is any municipality within a radius of
50

25

15
miles of the corporate limits of the commission which desires
16
not to own or operate a waterworks system, and such
17
municipality adopts an ordinance requesting the Commission to
18
supply water for public and domestic use within such
19
municipality, then any such commission may, when determined by
20
the Commissioners to be in the public interest and necessary
21
for the protection of the public health or in the best interest
22
of the Commission or its environs, enter into and perform
23
contracts, whether long term or short term, with any such
24
municipality, to acquire, construct and operate and maintain
25
its waterworks properties within the corporate limits of such

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1
municipality for the purpose of supplying water for public and
2
domestic use to the inhabitants thereof.
3

Such commission shall have the power to contract with any
4
person, corporation or political subdivision or any municipal
5
corporation or other agency for a supply of water, or to supply
6
water to such person, corporation, municipal corporation or
7
political subdivision. Any such contract made by a commission
8
for a supply of water may contain provisions whereby the
9
commission is obligated to pay for such supply of water
10
without setoff or counterclaim and irrespective of whether
11
such supply of water is ever furnished, made available or
12
delivered to the commission or whether any project for the
13
supply of water contemplated by any such contract is
14
completed, operable or operating and notwithstanding any
15
suspension, interruption, interference, reduction or
16
curtailment of the supply of water from such project. Any such
17
contract may provide that if one or more of the other
18
purchasers defaults in the payment of its obligations under
19
such contract or similar contract made with the supplier of
20
the water, one or more of the remaining purchasers party to
21
such contract or such similar contract shall be required to
22
pay for all or a portion of the obligations of the defaulting
23
purchasers. Any such contract entered into to supply water to
24
a municipal corporation or political subdivision shall provide
25
that the payments to be made thereunder shall be solely from
26
the revenues to be derived by such municipality or political

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1
subdivision from the operation of the waterworks system of
2
such municipality or political subdivision, and said contract
3
shall be a continuing, valid and binding obligation of the
4
municipality or political subdivision, payable from such
5
revenues for such period of years, not to exceed 40, as may be
6
provided in such contract. Any such contract shall not be a
7
debt within the meaning of any statutory or constitutional
8
limitations.
9

No prior appropriation shall be required before entering
10
into such contract, and no appropriation shall be required to
11
authorize payments to be made under the terms of any such
12
contract, notwithstanding any provision of this Code to the
13
contrary.
14

The changes in this Section made by this amendatory Act of
15
1984 are intended to be declarative of existing law.
16
(Source: P.A. 83-1123.)

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