WATER COMMISSION-CONSTRUCTION

Illinois General Assembly - Full Text of SB3381

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SB3381 - 104th General Assembly

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SB3381 Engrossed
LRB104 18851 TRT 32296 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 1.5, 4.6, 4.7, 4.8,
6
4.9, 4.10, 4.11, 4.12, and 4.13 as follows:

7

(70 ILCS 3720/1.5 new)
8

Sec. 1.5.
Definitions.
As used in this Act:
9

"Construction-manager-at-risk delivery method" means a
10
delivery method in which the party proposing to be the
11
construction manager commits to be responsible for performance
12
of certain preconstruction services and, if the parties reach
13
agreement on key terms, becomes responsible for construction
14
of the project.
15

"Design-build delivery method" means a delivery system
16
that provides responsibility within a single contract for the
17
furnishing of architecture, engineering, land surveying, and
18
related services as required and the labor, materials,
19
equipment, and other construction services for the project.
20

"Design-build contract" means a contract for a public
21
project under this Act between a commission and a design-build
22
entity to furnish architecture, infrastructure, engineering,
23
land surveying, public art or interpretive exhibits, and

SB3381 Engrossed
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1
related services, as required, and the labor, materials,
2
equipment, and other construction services for the project.
3

"Design-build entity" means any individual, sole
4
proprietorship, firm, partnership, joint venture, corporation,
5
professional corporation, or other entity that proposes to
6
design and construct any public project under this Act.
7

"Design professional" means any individual, sole
8
proprietorship, firm, partnership, joint venture, corporation,
9
professional corporation, or other entity that offers services
10
under the Illinois Architecture Practice Act of 1989, the
11
Professional Engineering Practice Act of 1989, the Structural
12
Engineering Practice Act of 1989, or the Illinois Professional
13
Land Surveyor Act of 1989.
14

"Evaluation criteria" means the requirements for the
15
separate phases of the selection process as defined in this
16
Act and may include the specialized experience, technical
17
qualifications and competence, capacity to perform, past
18
performance, experience with similar projects, assignment of
19
personnel to the project, and other appropriate factors.
20

"Proposal" means the offer to enter into a design-build
21
contract as submitted by a design-build entity in accordance
22
with this Act.
23

"Request for proposal" means the document used by a
24
commission to solicit proposals for a design-build contract.
25

"Scope and performance criteria" means the requirements
26
for the commission project, including, but not limited to, the

SB3381 Engrossed
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1
intended usage, capacity, size, scope, quality and performance
2
standards, life-cycle costs, and other programmatic criteria
3
that are expressed in performance-oriented and quantifiable
4
specifications and drawings that can be reasonably inferred
5
and are suited to allow a design-build entity to develop a
6
proposal.

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
24
pursuant to Division 135 of the Illinois Municipal Code or
25
established by operation of law under Public Act 83-1123, as

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amended, which water commission includes municipalities which
2
in the aggregate have within their corporate limits more than
3
50% of the population of a county (hereinafter referred to as a
4
"home county"), and such county is contiguous to a county
5
which has a population in excess of 1,000,000 inhabitants, the
6
provisions of this Act shall apply. With respect to any such
7
water commission (hereinafter referred to as a "county water
8
commission"):

9

(i) the terms of all commissioners of such commission
10

holding office at the time a water commission becomes a
11

county water commission shall terminate 30 days after such
12

time and new commissioners shall be appointed as the
13

governing board of the county water commission as
14

hereinafter provided in subsection (c); and

15

(ii) the county water commission shall continue to be
16

a body corporate and politic, and shall bear the name of
17

the home county but shall be independent from and not a
18

part of the county government and shall itself be a
19

political subdivision and a unit of local government, and
20

upon appointment of the new commissioners as the governing
21

board of such water commission as provided in subsection
22

(c), such water commission shall remain responsible for
23

the full payment of, and shall by operation of law be
24

deemed to have assumed and shall pay when due all debts and
25

obligations of the commission as the same is constituted
26

and as such debts and obligations existed on the date such

SB3381 Engrossed
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1

water commission becomes a county water commission and
2

such additional debts and obligations as are incurred by
3

such commission after such date and prior to the
4

appointment of the new commissioners as the governing
5

board of such commission, and further shall continue to
6

have and exercise all powers and functions and duties of a
7

water commission created pursuant to Division 135 of the
8

Illinois Municipal Code, as now or hereafter amended, and
9

the county water commission may rely on that Division, as
10

modified and supplemented by the provisions of this Act,
11

as lawful authority under which it may act.
12

(b) Any county water commission shall have as its
13
territory within its corporate limits, subject to taxation for
14
its purposes, and subject to the powers and limitations as
15
conferred by this Act, (i) all of the territory of the home
16
county except that territory located within the corporate
17
limits of excluded units as hereinafter defined and (ii) also
18
all of the territory located outside the home county and
19
included within the corporate limits of an included unit as
20
hereinafter defined. As used in this Act, "excluded unit"
21
means a unit of local government having a waterworks system
22
and having within its corporate limits territory within the
23
home county and which either, at the time any commission
24
becomes a county water commission, receives, or has contracted
25
at such time for the receipt of, more than 25% of the water
26
distributed by such unit's water system from a source outside

SB3381 Engrossed
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1
of the home county, or a unit of local government that seeks a
2
change in status as provided in this Section. As used in this
3
Section, "included unit" means any unit of local government
4
having a waterworks system and having within its corporate
5
limits territory within the home county, which unit of local
6
government is not an excluded unit. No other water commission
7
shall be constituted under Division 135 of the Illinois
8
Municipal Code in any home county after the effective date of
9
this Act to provide water from any source located outside the
10
home county. A unit of local government may switch its status
11
from being an included unit to an excluded unit provided that
12
(i) it has constructed a water treatment plant prior to
13
December 31, 2006 to comply with United States Environmental
14
Protection Agency regulations regarding radium; (ii) it
15
notifies the commission in writing of its desire to become an
16
excluded unit; and (iii) it no longer demands future service
17
from the commission and shall not be reinstated as an included
18
unit. In the event a unit of local government switches status,
19
the water commission shall, from any legally available
20
sources, transfer the sums collected from that unit of local
21
government for the period of time beginning January 1, 2006 to
22
the date that this tax is no longer assessed within the
23
affected excluded unit. The transfer of funds authorized
24
herein shall be made within 90 days of the effective date of
25
this amendatory Act of the 95th General Assembly. Except as
26
authorized by a county water commission, no home county or

SB3381 Engrossed
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1
included unit shall enter into any new or renew or extend any
2
existing contract, agreement or other arrangement for the
3
acquisition or sale of water from any source located outside a
4
home county; provided, however, that any included unit may
5
contract for a supply of water in case of a temporary emergency
6
from any other unit of local government or any entity. In the
7
event that any included unit elects to serve retail customers
8
outside its corporate boundaries and to establish rates and
9
charges for such water in excess of those charged within its
10
corporate boundaries, such rates and charges shall have a
11
reasonable relationship to the actual cost of providing and
12
delivering the water; this provision is declarative of
13
existing law. It is declared to be the law of this State
14
pursuant to paragraphs (g) and (h) of Section 6 of Article VII
15
of the Illinois Constitution that in any home county, the
16
provisions of this Act and Division 135 of the Illinois
17
Municipal Code, as modified and supplemented by this Act and
18
this amendatory Act of the 93rd General Assembly, constitute a
19
limitation upon the power of any such county and upon all units
20
of local government (except excluded units) within such
21
county, including home rule units, limiting to such county,
22
units of local government and home rule units the power to
23
acquire, supply or distribute water or to establish any water
24
commission for such purposes involving water from any source
25
located outside the home county in a manner other than as
26
provided or permitted by this Act and Division 135, as

SB3381 Engrossed
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LRB104 18851 TRT 32296 b
1
modified and supplemented by this Act, and further constitute
2
an exercise of exclusive State power with respect to the
3
acquisition, supply and distribution of water from any source
4
located outside the home county by any such county and by units
5
of local government (except excluded units), including home
6
rule units, within such county and with respect to the
7
establishment for such purposes of any water commission
8
therein, which power may not be exercised concurrently by any
9
unit of local government or home rule unit. Upon the request of
10
any included unit, a county water commission shall provide
11
such included unit Lake Michigan water in an amount up to the
12
then current Department of Transportation allocation of Lake
13
Michigan water for such included unit.
14

With respect to a water commission to which the provisions
15
of subsection (a) apply, all uninhabited territory that is
16
owned and solely occupied by such a commission and is located
17
not within its home county but within a non-home rule
18
municipality adjacent to its home county shall,
19
notwithstanding any other provision of law, be disconnected
20
from that municipality by operation of this Act on the
21
effective date of this amendatory Act of 1991, and shall
22
thereafter no longer be within the territory of the
23
municipality for any purpose; except that for the purposes of
24
any statute that requires contiguity of territory, the
25
territory of the water commission shall be disregarded and the
26
municipality shall not be deemed to be noncontiguous by virtue

SB3381 Engrossed
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1
of the disconnection of the water commission territory.
2

(c) The governing body of any water commission to which
3
the provisions of subsection (a) apply shall be a board of
4
commissioners, each to be appointed within 30 days after the
5
water commission becomes a county water commission to a term
6
commencing on such date, as follows:

7

(i) one commissioner, who shall serve as chairman, who
8

shall be a resident of the home county, to be appointed by
9

the chairman of the county board of such county with the
10

advice and consent of the county board, provided that
11

following the expiration of the term or vacancy of the
12

current chairman serving on the effective date of this
13

amendatory Act of the 93rd General Assembly, any
14

subsequent appointment as chairman shall also be subject
15

to the advice and consent of the county water commission;

16

(ii) one commissioner from each county board district
17

within the home county, to be appointed by the chairman of
18

the county board of the home county with the advice and
19

consent of the county board; and

20

(iii) one commissioner from each county board district
21

within the home county, to be appointed by the majority
22

vote of the mayors of those included units which are
23

municipalities and which have the greatest percentage of
24

their respective populations residing within such county
25

board district of the home county.
26

The mayors of the respective county board districts shall

SB3381 Engrossed
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1
meet for the purpose of making said respective appointments at
2
a time and place designated by that mayor in each county board
3
district of the included unit with the largest population
4
voting for a commissioner upon not less than 10 days' written
5
notice to each other mayor entitled to vote.
6

The commissioners so appointed shall serve for a term of 6
7
years, or until their successors have been appointed and have
8
qualified in the same manner as the original appointments,
9
except that at the first meeting of such commissioners, (A)
10
the commissioners first appointed pursuant to paragraph (ii)
11
of this subsection shall determine publicly by lot 1/3 of
12
their number to serve for terms of 2 years, 1/3 of their number
13
to serve for terms of 4 years and 1/3 of their number to serve
14
for terms of 6 years, any odd number of commissioners so
15
determined by dividing into thirds to serve
6-year

6 year

16
terms, and (B) the commissioners first appointed pursuant to
17
paragraph (iii) of this subsection shall determine publicly by
18
lot 1/3 of their number to serve for terms of 2 years, 1/3 of
19
their number to serve for terms of 4 years and 1/3 of their
20
number to serve for terms of 6 years, any odd number of
21
commissioners so determined by dividing into thirds to serve
22
6-year

6 year
terms. The commissioner first appointed pursuant
23
to paragraph (i) of this subsection, who shall serve as
24
chairman, shall serve for a term of 6 years. Any commissioner
25
may be a member of the governing board or an officer or
26
employee of such county or any unit of local government within

SB3381 Engrossed
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LRB104 18851 TRT 32296 b
1
such county. A commissioner is eligible for reappointment upon
2
the expiration of his term. A vacancy in the office of a
3
commissioner shall be filled for the balance of the unexpired
4
term by appointment and qualification as to residency in the
5
same manner as the original appointment was made. Each
6
commissioner shall receive the same compensation which shall
7
not be more than $600 per year
, except that no such
8
commissioner who is a member of the governing board or an
9
officer or employee of such county or any unit of local
10
government within such county may receive any compensation for
11
serving as a commissioner
. Each commissioner may be removed by
12
the appointing authority for any cause for which any other
13
county or municipal officer may be removed. The county water
14
commission shall determine its own rules of proceeding. A
15
quorum shall be a majority of the commissioners then in
16
office. All ordinances or resolutions shall be passed by not
17
less than a majority of a quorum. No commissioner or employee
18
of the commission, no member of the county board or other
19
official elected within such county, no mayor or president or
20
other member of the corporate authorities of any unit of local
21
government within such county, and no employee of such county
22
or any such unit of local government, shall be interested
23
directly or indirectly in any contract or job of work or
24
materials, or the profits thereof, or services to be performed
25
for or by the commission. A violation of any of the foregoing
26
provisions of this subsection is a Class C misdemeanor. A

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1
conviction is cause for the removal of a person from his office
2
or employment.
3

(d) Except as provided in subsection (g), subject to the
4
referendum provided for in subsection (e), a county water
5
commission may borrow money for corporate purposes on the
6
credit of the commission, and issue general obligation bonds
7
therefor, in such amounts and form and on such conditions as it
8
shall prescribe, but shall not become indebted in any manner
9
or for any purpose in an amount including existing
10
indebtedness in the aggregate to exceed 5.75% of the aggregate
11
value of the taxable property within the territorial
12
boundaries of the county water commission, as equalized and
13
assessed by the Department of Revenue and as most recently
14
available at the time of the issue of said bonds. Before or at
15
the time of incurring any indebtedness, except as provided in
16
subsection (g), the commission shall provide for the
17
collection of a direct annual tax, which shall be unlimited as
18
to rate or amount, sufficient to pay the interest on such debt
19
as it falls due and also to pay and discharge the principal
20
thereof at maturity, which shall be within 40 years after the
21
date of issue thereof. Such tax shall be levied upon and
22
collected from all of the taxable property within the
23
territory of the county water commission. Dissolution of the
24
county water commission for any reason shall not relieve the
25
taxable property within such territory of the county water
26
commission from liability for such tax. The clerk of the

SB3381 Engrossed
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1
commission shall file a certified copy of the resolution or
2
ordinance by which such bonds are authorized to be issued and
3
such tax is levied with the County Clerk of each county in
4
which any of the territory of the county water commission is
5
located and such filing shall constitute, without the doing of
6
any other act, full and complete authority for each such
7
County Clerk to extend such tax for collection upon all the
8
taxable property within the territory of the county water
9
commission subject to such tax in each and every year required
10
sufficient to pay the principal of and interest on such bonds,
11
as aforesaid, without limit as to rate or amount, and shall be
12
in addition to and in excess of all other taxes authorized to
13
be levied by the commission or any included unit. The general
14
obligation bonds shall be issued pursuant to an ordinance or
15
resolution and may be issued in one or more series, and shall
16
bear such date or dates, mature at such time or times and in
17
any event not more than 40 years from the date thereof, be sold
18
at such price at private or public sale as determined by a
19
county water commission, bear interest at such rate or rates
20
such that the net effective interest rate received upon the
21
sale of such bonds does not exceed the maximum rate determined
22
under Section 2 of the Bond Authorization Act, which rates may
23
be fixed or variable, be in such denominations, be in such
24
form, either coupon or registered, carry such conversion,
25
registration, and exchange privileges, be executed in such
26
manner, be payable in such medium of payment at such place or

SB3381 Engrossed
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1
places within or without the State of Illinois, be subject to
2
such terms of redemption, and contain or be subject to such
3
other terms as the ordinance or resolution may provide, and
4
shall not be restricted by the provisions of any other terms of
5
obligations of public agencies or private persons.
6

(e) No issue of general obligation bonds by a county water
7
commission (except bonds to refund an existing bonded
8
indebtedness) shall be authorized unless the commission
9
certifies the proposition of issuing such bonds to the proper
10
election officials, who shall submit the proposition to the
11
voters at an election in accordance with the general election
12
law, and the proposition has been approved by a majority of
13
those voting on the proposition.
14

The proposition shall be in the form provided in Section 5
15
or shall be substantially in the following form:
16
-------------
17
Shall general obligation

18
bonds for the purpose of

19
(state purpose), in the YES

20
sum of $....(insert amount),
-----------------------------

21
be issued by the ......... NO

22
(insert corporate name of

23
the county water commission)?

24
-------------------------------------------------------------
25

(f) In order to carry out and perform its powers and
26
functions and duties under the provisions of this Act and

SB3381 Engrossed
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1
Division 135 of the Illinois Municipal Code, as modified and
2
supplemented by this Act, the governing body of any county
3
water commission may by ordinance levy annually upon all
4
taxable property within its territory a tax at a rate not to
5
exceed .005% of the value of such property, as equalized or
6
assessed by the Department of Revenue for the year in which the
7
levy is made. In addition, any county water commission may by
8
ordinance levy upon all taxable property within its territory,
9
for one year only, an additional tax for such purposes at a
10
rate not to exceed .20% of the value of such property, as
11
equalized or assessed by the Department of Revenue for that
12
year; provided, however, that such tax may not be levied more
13
than once in any county water commission.
14

(g) Any county water commission shall have the power to
15
borrow money, subject to the indebtedness limitation provided
16
in subsection (d), from the home county or included units, in
17
such amounts and in such terms as agreed by the governing
18
bodies of the commission and the home county or included
19
units.
20

(h) No county water commission constituted pursuant to the
21
Act shall engage in the retail sale or distribution of water to
22
residents or customers of any municipality.
23

(i) Nothing in the Section requires any municipality to
24
contract with a county water commission for a supply of water.
25

(j) The State of Illinois recognizes that any such
26
contract for the supply of water executed by a unit of local

SB3381 Engrossed
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1
government and a county water commission may contain terms and
2
conditions intended by the parties thereto to be absolute
3
conditions thereof. The State of Illinois also recognizes that
4
persons may loan funds to a county water commission
5
(including, without limitation, the purchase of revenue or
6
general obligation bonds of such commission) in reliance upon
7
the terms and conditions of any such contract for the supply of
8
water. Therefore, the State of Illinois pledges and agrees to
9
those parties and persons which make loans of funds to a county
10
water commission that it will not impair or limit the power or
11
ability of a county water commission or a unit of local
12
government fully to carry out the financial obligations and
13
obligation to furnish water pursuant to the terms of any
14
contract for the supply of water entered into by such county
15
water commission or unit of local government for the term of
16
such contracts or loans. All other terms and conditions of
17
such contracts and intergovernmental agreements shall be
18
binding to the extent that they are not inconsistent with this
19
amendatory Act of the 93rd General Assembly.
20
(Source: P.A. 95-114, eff. 1-1-08.)

21

(70 ILCS 3720/4.6 new)
22

Sec. 4.6.
Construction contracts.
23

(a) All or any portion of a waterworks system or other
24
public improvement of a commission, when the expense thereof
25
will exceed the greater of (i) $25,000 or (ii) the amount of

SB3381 Engrossed
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1
expense above which a work or public improvement by a
2
municipality must be let to the lowest responsible bidder
3
after advertising for bids under Section 8-9-1 of the Illinois
4
Municipal Code, shall be constructed, maintained, or repaired
5
either: (1) by a contract let to the lowest responsible bidder
6
after advertising for bids, in the manner prescribed by the
7
commission's bylaws, rules, and regulations and by the vote
8
required as established in the water purchase and sale
9
contract; or (2) without advertising for bids, if authorized
10
by a vote of greater than a majority of all the commissioners
11
as established in an intergovernmental agreement. The
12
commission's bylaws, rules, and regulations shall provide for
13
an alternative procedure for emergency procurement if an
14
emergency makes it impracticable to follow the procedures in
15
this subsection.
16

(b) A commission may use alternative project delivery
17
methods if the commission determines it to be in the
18
commission's best interest for a particular project. An
19
alternative project delivery method may include, without
20
limitation, any design-build delivery methods or
21
construction-manager-at-risk delivery methods. All notices for
22
the procurement of goods, services, or work to be provided
23
pursuant to an alternate delivery method shall include all
24
requirements for the goods, services, or work to be procured.
25
All awards of contracts or agreements for the procurement of
26
goods, services, or work to be provided pursuant to an

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alternate delivery method shall be made on the basis of
2
demonstrated competence and qualifications and with due regard
3
for the principles of competitive selection. As part of an
4
alternate project delivery procurement process, prior to
5
submission of proposals, the commission may conduct meetings
6
and exchange confidential information with proposers to
7
promote understanding of the request for proposals, review
8
alternative design concepts, or discuss other issues related
9
to the procurement.
10

(c) A commission may establish goals or requirements for
11
the procurement of goods and services and for construction
12
contracts to promote and encourage the continuing economic
13
development of (i) businesses that are owned and operated by
14
minorities, women, persons with disabilities, or veterans;
15
(ii) businesses that are located within the territory of one
16
or more of the municipalities that are members of the
17
commission; (iii) businesses that employ persons who reside in
18
the territory of one or more of the municipalities that are
19
members of the commission. A commission may also establish
20
other goals or requirements that result in the award to a
21
responsible bidder other than the lowest responsible bidder if
22
the commission determines that the award is in the
23
commission's best interests, notwithstanding the requirements
24
of subsection (a). Goals or requirements that are set by a
25
commission that result in a preference being applied to a
26
bidder or proposer, who has met those goals or requirements,

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1
in a commission's process for awarding construction contracts
2
and for the procurement of goods and services must comply with
3
the constitutional standards applicable to the preferences.
4

(d) A customer municipality may enter into a contract for
5
any portion of a waterworks system or other public improvement
6
of a commission pursuant to a contracting method that is
7
consistent with the requirements applicable to the
8
municipality and generally consistent with the principles in
9
subsection (a) or (b). The commission may accept assignment of
10
such a contract and of payment obligations under that
11
contract.
12

(e) In connection with a contract by a commission for the
13
construction of all or any portion of a waterworks system or
14
other public improvement of the commission for which the
15
commission issues bonds, the commission must enter into a
16
project labor agreement with the applicable local building
17
trades council prior to the commencement of any and all
18
construction, building, renovation, demolition, or any
19
material change to the structure or land.

20

(70 ILCS 3720/4.7 new)
21

Sec. 4.7.
Solicitation of proposals.
22

(a) A commission may enter into design-build contracts. In
23
addition to the requirements set forth in its local
24
ordinances, when the commission elects to use the design-build
25
delivery method, it must issue a notice of intent to receive

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1
proposals for the project at least 14 days before issuing the
2
request for the proposal. The commission must publish the
3
advance notice online on its website. The commission may
4
publish the notice in construction industry publications or
5
post the notice on construction industry websites. A brief
6
description of the proposed procurement must be included in
7
the notice. The commission must provide a copy of the request
8
for proposal to any party requesting a copy.
9

(b) The request for proposal shall be prepared for each
10
project and must contain, without limitation, the following
11
information:
12

(1) The name of the commission.
13

(2) A preliminary schedule for the completion of the
14

contract.
15

(3) The proposed budget for the project, the source of
16

funds, and the currently available funds at the time the
17

request for proposal is submitted.
18

(4) Prequalification criteria for design-build
19

entities wishing to submit proposals. The commission shall
20

include, at a minimum, its normal prequalification,
21

licensing, registration, and other requirements; however,
22

nothing precludes the use of additional prequalification
23

criteria by the commission.
24

(5) Material requirements of the contract, including,
25

but not limited to, the proposed terms and conditions,
26

required performance and payment bonds, and insurance.

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1

(6) The performance criteria.
2

(7) The evaluation criteria for each phase of the
3

solicitation. Price may not be used as a factor in the
4

evaluation of Phase I proposals.
5

(8) The number of entities that will be considered for
6

the technical and cost evaluation phase.
7

(c) The commission may include any other relevant
8
information that it chooses to supply. The design-build entity
9
shall be entitled to rely upon the accuracy of this
10
documentation in the development of its proposal.
11

(d) The date that proposals are due must be at least 21
12
calendar days after the date of the issuance of the request for
13
proposal. If the cost of the project is estimated to exceed
14
$12,000,000, then the proposal due date must be at least 28
15
calendar days after the date of the issuance of the request for
16
proposal. The commission shall include in the request for
17
proposal a minimum of 30 days to develop the Phase II
18
submissions after the selection of entities from the Phase I
19
evaluation is completed.

20

(70 ILCS 3720/4.8 new)
21

Sec. 4.8.
Development of scope and performance criteria.
22

(a) The commission shall develop, with the assistance of a
23
licensed design professional or licensed professional
24
engineer, a request for proposal, which shall include scope
25
and performance criteria. The scope and performance criteria

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must be in sufficient detail and contain adequate information
2
to reasonably apprise the qualified design-build entities of
3
the commission's overall programmatic needs and goals,
4
including criteria and preliminary design plans, general
5
budget parameters, schedule, and delivery requirements.
6

(b) Each request for proposal shall also include a
7
description of the level of design to be provided in the
8
proposals. This description must include the scope and type of
9
renderings, drawings, and specifications that, at a minimum,
10
will be required by the commission to be produced by the
11
design-build entities.
12

(c) The scope and performance criteria shall be prepared
13
by a licensed professional engineer who is an employee of the
14
commission, or the commission may contract with an independent
15
licensed professional engineer or engineering firm selected
16
under the Local Government Professional Services Selection Act
17
to provide these services.
18

(d) The design professional that prepares the scope and
19
performance criteria is prohibited from participating in any
20
design-build entity proposal for the project.
21

(e) The design-build contract may be conditioned upon
22
subsequent refinements in scope and price and may allow the
23
commission to make modifications in the project scope without
24
invalidating the design-build contract.

25

(70 ILCS 3720/4.9 new)

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1

Sec. 4.9.
Procedures for selection.
2

(a) The commission must use a 2-phase procedure for the
3
selection of the successful design-build entity. Phase I of
4
the procedure will evaluate and shortlist the design-build
5
entities based on qualifications, and Phase II will evaluate
6
the technical and cost proposals.
7

(b) The commission shall include in the request for
8
proposal the evaluating factors to be used in Phase I. These
9
factors are in addition to any prequalification requirements
10
of design-build entities that the commission has set forth.
11
Each request for proposal shall establish the relative
12
importance assigned to each evaluation factor and subfactor,
13
including any weighting of criteria to be employed by the
14
commission. The commission must maintain a record of the
15
evaluation scoring to be disclosed in event of a protest
16
regarding the solicitation.
17

The commission shall include the following criteria in
18
every Phase I evaluation of design-build entities: (i)
19
experience of personnel; (ii) successful experience with
20
similar project types; (iii) financial capability; (iv)
21
timeliness of past performance; (v) experience with similarly
22
sized projects; (vi) successful reference checks of the firm;
23
and (vii) commitment to assign personnel for the duration of
24
the project and qualifications of the entity's consultants.
25

The commission may include any additional relevant
26
criteria in Phase I that it deems necessary for a proper

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1
qualification review. The commission may not consider any
2
design-build entity for evaluation or award if the entity has
3
any pecuniary interest in the project or has other
4
relationships or circumstances, including, but not limited to,
5
long-term leasehold, mutual performance, or development
6
contracts with the commission, that may give the design-build
7
entity a financial or tangible advantage over other
8
design-build entities in the preparation, evaluation, or
9
performance of the design-build contract or that create the
10
appearance of impropriety.
11

Upon completion of the qualifications evaluation, the
12
commission shall create a shortlist of the most highly
13
qualified design-build entities. The commission, in its
14
discretion, is not required to shortlist the maximum number of
15
entities as identified for Phase II evaluation, provided that
16
no less than 2 design-build entities nor more than 6 are
17
selected to submit Phase II proposals. The commission shall
18
notify the entities selected for the shortlist in writing.
19
This notification shall commence the period for the
20
preparation of the Phase II technical and cost evaluations.
21
The commission must allow sufficient time for the shortlist
22
entities to prepare their Phase II submittals considering the
23
scope and detail requested by the commission.
24

(c) The commission shall include in the request for
25
proposal the evaluating factors to be used in the technical
26
and cost submission components of Phase II. Each request for

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1
proposal shall establish, for both the technical and cost
2
submission components of Phase II, the relative importance
3
assigned to each evaluation factor and subfactor, including
4
any weighting of criteria to be employed by the commission.
5
The commission must maintain a record of the evaluation
6
scoring to be disclosed in the event of a protest regarding the
7
solicitation.
8

The commission shall include the following criteria in
9
every Phase II technical evaluation of design-build entities:
10
(i) compliance with objectives of the project; (ii) compliance
11
of proposed services to the request for proposal requirements;
12
(iii) quality of products or materials proposed; (iv) quality
13
of design parameters; (v) design concepts; (vi) innovation in
14
meeting the scope and performance criteria; and (vii)
15
constructability of the proposed project. The commission may
16
include any additional relevant technical evaluation factors
17
it deems necessary for proper selection.
18

The commission may include the following criteria in every
19
Phase II cost evaluation: the total project cost; the
20
construction costs; and the time of completion. The commission
21
may include any additional relevant technical evaluation
22
factors it deems necessary for proper selection. The total
23
project cost criteria weighting factor shall not exceed 30%.
24

The commission shall directly employ or retain a licensed
25
professional engineer to evaluate the technical and cost
26
submissions to determine if the technical submissions are in

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1
accordance with generally accepted industry standards.
2

Upon completion of the technical submissions and cost
3
submissions evaluation, the commission may award the
4
design-build contract to the highest overall ranked entity.

5

(70 ILCS 3720/4.10 new)
6

Sec. 4.10.
Small projects.
In any case where the total
7
overall cost of the project is estimated to be less than
8
$12,000,000, the commission may combine the 2-phase procedure
9
for selection described in Section 10 into one combined
10
procedure, provided that all the requirements of evaluation
11
are performed in accordance with Section 11.

12

(70 ILCS 3720/4.11 new)
13

Sec. 4.11.
Submission of proposals.
14

(a) Proposals must be properly identified and sealed.
15
Proposals may not be reviewed until after the deadline for
16
submission has passed as set forth in the request for
17
proposals. All design-build entities submitting proposals
18
shall be disclosed after the deadline for submission, and all
19
design-build entities who are selected for Phase II evaluation
20
shall also be disclosed at the time of that determination.
21

(b) Proposals may include a bid bond in the form and
22
security as designated in the request for proposals. Proposals
23
shall also contain a separate sealed envelope with the cost
24
information within the overall proposal submission. Proposals

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1
shall include a list of all design professionals and other
2
entities to which any work may be subcontracted during the
3
performance of the contract.
4

(c) Proposals must meet all material requirements of the
5
request for proposal or they may be rejected as
6
non-responsive. The commission has the right to reject any and
7
all proposals.
8

(d) The drawings and specifications of the proposal may
9
remain the property of the design-build entity.
10

(e) The commission shall review the proposals for
11
compliance with the performance criteria and evaluation
12
factors.
13

(f) Proposals may be withdrawn prior to evaluation for any
14
cause. After evaluation begins by the commission, clear and
15
convincing evidence of error is required for withdrawal.

16

(70 ILCS 3720/4.12 new)
17

Sec. 4.12.
Award; performance.
The commission may award
18
the contract to the highest overall ranked entity. Notice of
19
award shall be made in writing. Unsuccessful entities shall
20
also be notified in writing. The commission may not request a
21
best and final offer after the receipt of proposals. The
22
commission may negotiate with the selected design-build entity
23
after award for the purpose of securing better terms than
24
originally proposed, provided that the salient features of the
25
request for proposal are not diminished.

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1

A design-build entity and associated design professionals
2
shall conduct themselves in accordance with the relevant laws
3
of this State and the related provisions of the Illinois
4
Administrative Code.

5

(70 ILCS 3720/4.13 new)
6

Sec. 4.13.
Applicability.
Sections 4.7 through 4.12 of
7
this Act shall apply notwithstanding anything to the contrary
8
in Division 135 of Article 11 of the Illinois Municipal Code.

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