Full Text of HB2870 102nd General Assembly
HB2870sam001 102ND GENERAL ASSEMBLY | Sen. Eric Mattson Filed: 1/9/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2870
| 2 | | AMENDMENT NO. ______. Amend House Bill 2870 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-135.5-15, 11-135.5-25, and 11-135.5-35 | 6 | | and by adding Sections 11-135.5-7, 11-135.5-50, 11-135.5-55, | 7 | | 11-135.5-60, 11-135.5-65, 11-135.5-70, and 11-135.5-75 as | 8 | | follows: | 9 | | (65 ILCS 5/11-135.5-7 new) | 10 | | Sec. 11-135.5-7. Definitions. As used in this Division: | 11 | | "Design-build" means a delivery system that provides | 12 | | responsibility within a single contract for the furnishing of | 13 | | architecture, engineering, land surveying, and related | 14 | | services as required and the labor, materials, equipment, and | 15 | | other construction services for the project. | 16 | | "Design-build contract" means a contract for a public |
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| 1 | | project under this Division between a commission and a | 2 | | design-build entity to furnish: architecture, engineering, | 3 | | land surveying, public art or interpretive exhibits, and | 4 | | related services, as required; and the labor, materials, | 5 | | equipment, and other construction services for the project. | 6 | | "Design-build entity" means any individual, sole | 7 | | proprietorship, firm, partnership, joint venture, corporation, | 8 | | professional corporation, or other entity that proposes to | 9 | | design and construct any public project under this Division. | 10 | | "Design professional" means any individual, sole | 11 | | proprietorship, firm, partnership, joint venture, corporation, | 12 | | professional corporation, or other entity that offers services | 13 | | under the Illinois Architecture Practice Act of 1989, the | 14 | | Professional Engineering Practice Act of 1989, the Structural | 15 | | Engineering Practice Act of 1989, or the Illinois Professional | 16 | | Land Surveyor Act of 1989. | 17 | | "Evaluation criteria" means the requirements for the | 18 | | separate phases of the selection process as defined in this | 19 | | Division and may include the specialized experience, technical | 20 | | qualifications and competence, capacity to perform, past | 21 | | performance, experience with similar projects, assignment of | 22 | | personnel to the project, and other appropriate factors. | 23 | | "Proposal" means the offer to enter into a design-build | 24 | | contract as submitted by a design-build entity in accordance | 25 | | with this Division. | 26 | | "Request for proposal" means the document used by the |
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| 1 | | commission to solicit proposals for a design-build contract. | 2 | | "Scope and performance criteria" means the requirements | 3 | | for the commission project, including, but not limited to, the | 4 | | intended usage, capacity, size, scope, quality and performance | 5 | | standards, life-cycle costs, and other programmatic criteria | 6 | | that are expressed in performance-oriented and quantifiable | 7 | | specifications and drawings that can be reasonably inferred | 8 | | and are suited to allow a design-build entity to develop a | 9 | | proposal. | 10 | | (65 ILCS 5/11-135.5-15) | 11 | | Sec. 11-135.5-15. Establishment of commission; members; | 12 | | initial costs and funding. | 13 | | (a) Establishment of commission. Two or more | 14 | | municipalities, at least one of which is located in whole or in | 15 | | part in the county of Cook, Kane, Kendall, Lake, McHenry, or | 16 | | Will and has 140,000 or more inhabitants at the time of | 17 | | establishment of a regional water commission, excluding cities | 18 | | of 500,000 or more inhabitants, may acquire, either by | 19 | | purchase or construction, a waterworks system or a common | 20 | | source of supply of water, or both, and may operate jointly a | 21 | | waterworks system or a common source of supply of water, or | 22 | | both, and improve and extend the same, as provided in this | 23 | | Division. The municipality meeting the requirement to have | 24 | | 140,000 or more inhabitants as required by this paragraph must | 25 | | have attained that population as of December 16, 2021 ( the |
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| 1 | | effective date of Public Act 102-684) this amendatory Act of | 2 | | the 102nd General Assembly . | 3 | | The corporate authorities of the municipalities desiring | 4 | | to avail themselves of the provisions of this Division shall | 5 | | establish a regional water commission by adopting an ordinance | 6 | | determining and electing to acquire and operate jointly a | 7 | | waterworks system or a common source of supply of water, or | 8 | | both, as the case may be, and approving an intergovernmental | 9 | | agreement among the municipalities establishing the regional | 10 | | water commission. This agreement may be amended at any time | 11 | | upon the adoption , by the corporate authorities of all member | 12 | | municipalities, of concurring ordinances approving the | 13 | | amendment to the agreement by the corporate authorities of all | 14 | | member municipalities . | 15 | | (b) Addition or withdrawal of members; dissolution. The | 16 | | agreement may provide for additional municipalities to join | 17 | | the commission upon adoption of an ordinance by the corporate | 18 | | authorities of the joining municipality and, upon such | 19 | | consents, conditions, and approvals of the board of | 20 | | commissioners and of existing member municipalities as shall | 21 | | be provided in the agreement. The agreement shall provide the | 22 | | manner and terms on which a municipality may withdraw from | 23 | | membership in the commission and on which the commission may | 24 | | terminate and dissolve in whole or in part. | 25 | | (c) Filing of agreement. Promptly upon entering into the | 26 | | agreement or any amendment to it, a copy of such agreement or |
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| 1 | | amendment shall be filed in the office of the Secretary of | 2 | | State. Promptly upon the addition or withdrawal of a | 3 | | municipality, or, upon the dissolution of the commission, that | 4 | | fact shall be certified by an officer of the commission to the | 5 | | Secretary of State. | 6 | | (d) Development costs. A municipality whose corporate | 7 | | authorities adopted an ordinance and approved an | 8 | | intergovernmental agreement to acquire and operate jointly a | 9 | | waterworks system or a common source of supply of water, or | 10 | | both, as the case may be, under the provisions of this | 11 | | Division, may from time to time pay, advance, or obligate | 12 | | itself to the commission to bear a proportionate share of the | 13 | | development costs, including principal and interest, of any | 14 | | project proposed by the commission, including plans, | 15 | | feasibility reports, and engineering, even if the project is | 16 | | never constructed or water is never supplied by the commission | 17 | | to such municipality. | 18 | | Whenever the corporate authorities of a municipality | 19 | | determine that the municipality will pay, advance, or be | 20 | | obligated for its proportionate share of development costs as | 21 | | provided in this subsection, they shall adopt an ordinance | 22 | | declaring their intention that the municipality will do so, | 23 | | fix the maximum amount of the municipality's share of the cost | 24 | | the municipality proposes to pay or that the municipality will | 25 | | advance or to obligate the municipality for, and fix the | 26 | | period over which it is proposed to pay the obligation (not |
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| 1 | | exceeding 10 years), and the maximum amount to be paid | 2 | | annually, if such obligation is to be paid in installments. | 3 | | The time of payment of any such installment obligation may be | 4 | | extended for a period not exceeding 10 years from the final | 5 | | maturity date of the original obligation. On and after the | 6 | | date such ordinance becomes effective, the municipality shall | 7 | | include an amount sufficient to pay the annual installments of | 8 | | its obligation each year in the next succeeding appropriation | 9 | | ordinances. The commission may require that if any such | 10 | | municipality whose corporate authorities determined to pay, to | 11 | | advance, or to obligate the municipality to the commission for | 12 | | development costs defaults in such payments, advances, or | 13 | | obligations, then the remaining municipalities whose corporate | 14 | | authorities have determined to pay, to advance, or to obligate | 15 | | the respective municipalities to the commission for | 16 | | development costs will be required to pay for all or a portion | 17 | | of the payments, advances by, or obligations of the defaulting | 18 | | municipality. No prior appropriation shall be required for the | 19 | | corporate authorities of a municipality to authorize the | 20 | | payments, advances, or obligations herein provided for. | 21 | | Whenever the corporate authorities of a municipality have | 22 | | obligated the municipality for development costs as herein | 23 | | provided and after the effective date of the ordinance under | 24 | | which the municipality became obligated for a specific amount | 25 | | for development costs of a project and after approval of such | 26 | | obligation by the commission, the commission is authorized to |
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| 1 | | borrow funds temporarily for payment of such development costs | 2 | | in advance of permanent financing. The commission may from | 3 | | time to time and pursuant to an appropriate ordinance or | 4 | | resolution borrow money and issue its interim notes to | 5 | | evidence borrowings for such purpose, including all necessary | 6 | | and incidental expenses in connection therewith. | 7 | | An ordinance or resolution authorizing the issuance of | 8 | | such notes shall describe the project and the development | 9 | | costs to be undertaken and specify the principal amount, rate | 10 | | of interest as authorized under Section 2 of the Bond | 11 | | Authorization Act, and the maturity date, which shall coincide | 12 | | with the due date of the obligations or the installments | 13 | | thereof incurred by the respective municipalities pursuant to | 14 | | this Section not, however, to exceed 10 years from date. | 15 | | Contemporaneously with the issuance of revenue bonds under | 16 | | Section 11-135.5-30, all outstanding interim notes issued for | 17 | | development costs of a project though they have not then | 18 | | matured shall be paid, both principal and interest to date of | 19 | | payment, from funds derived from the sale of revenue bonds for | 20 | | the permanent financing of any such project for which interim | 21 | | notes may have been issued and such interim notes shall be | 22 | | surrendered and cancelled, or, in the alternative, the | 23 | | commission may determine to pay such interim notes out of | 24 | | receipts from other sources available to the commission, | 25 | | including grants and loans. | 26 | | Whenever a member municipality has incurred development |
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| 1 | | costs for a project and has advanced funds or otherwise | 2 | | obligated itself for the payment of such costs, the commission | 3 | | is authorized to accept assignment of such debt instruments | 4 | | and the payment obligations thereunder and to thereafter make | 5 | | all necessary payments to meet such obligations out of | 6 | | receipts from other sources available to the commission, | 7 | | including grants and loans , or provide for credits against | 8 | | amounts otherwise due to the commission from the municipality, | 9 | | including interest on the amounts due . | 10 | | As used in this subsection, "development costs" means the | 11 | | costs of development of a project, including debt incurred and | 12 | | principal and interest payments, whether incurred by the | 13 | | commission or a member municipality. | 14 | | (e) Construction and operating costs. A municipality, the | 15 | | corporate authorities of which adopted an ordinance and | 16 | | approved an intergovernmental agreement to acquire and operate | 17 | | jointly a waterworks system or a common source of supply of | 18 | | water, or both, as the case may be, under the provisions of | 19 | | this Division, may from time to time pay, advance, or obligate | 20 | | itself to the commission to bear a proportionate share of the | 21 | | construction and operating costs of any project proposed by | 22 | | the commission. | 23 | | Whenever the corporate authorities of a municipality | 24 | | determine that the municipality will pay, advance, or be | 25 | | obligated for its proportionate share of construction or | 26 | | operating costs as above provided, they shall adopt an |
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| 1 | | ordinance declaring their intention to do so, fix the maximum | 2 | | amount of the municipality's share of the cost it proposes to | 3 | | pay, to advance, or to obligate itself for, and fix the period | 4 | | over which it is proposed to pay the obligation, and state the | 5 | | maximum amount to be paid annually, if such obligation is to be | 6 | | paid in installments. On and after the date such ordinance | 7 | | becomes effective, the municipality shall include an amount | 8 | | sufficient to pay the annual installments of its obligation | 9 | | each year in the next succeeding appropriation ordinances. The | 10 | | commission may require that if any such municipality whose | 11 | | corporate authorities determined that the municipality will | 12 | | pay, advance, or be obligated to the commission for | 13 | | construction or operating costs defaults in such payments, | 14 | | advances, or obligations, then the remaining municipalities | 15 | | whose corporate authorities have determined that the | 16 | | municipality will pay, advance, or be obligated to the | 17 | | commission for construction or operating costs will be | 18 | | required to pay for all or a portion of the payments, advances | 19 | | by, or obligations of the defaulting municipality. No prior | 20 | | appropriation shall be required for the corporate authorities | 21 | | of a municipality to authorize the payments, advances, or | 22 | | obligations herein provided for. | 23 | | Whenever a municipality, through its corporate | 24 | | authorities, has paid, advanced, or obligated the municipality | 25 | | for development, construction, or operating costs as herein | 26 | | provided, the commission may contract with the municipality, |
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| 1 | | on such terms as may be agreed, for the repayment to the | 2 | | municipality by the commission of any payment or advance made | 3 | | by the municipality to the commission and to charge, in | 4 | | addition to all other charges and rates authorized under this | 5 | | Division, such rates and charges for water sold by the | 6 | | commission as shall be necessary to provide for such | 7 | | repayment. In addition, any payment or advance of such costs | 8 | | made by a municipality pursuant to this Section may be repaid | 9 | | by the commission to the municipality : (i) from the proceeds | 10 | | of revenue bonds authorized to be issued by the commission | 11 | | pursuant to this Division ; (ii) or, in the alternative, the | 12 | | commission may determine to pay all or part of such amounts out | 13 | | of receipts from other sources available to the commission, | 14 | | including grants and loans ; or (iii) by the commission | 15 | | providing credits against amounts otherwise due to the | 16 | | commission from the municipality, including interest on the | 17 | | amounts due . | 18 | | Whenever a member municipality has incurred construction | 19 | | and operating costs for a project and has advanced funds or | 20 | | otherwise obligated itself for the payment of such costs, the | 21 | | commission is authorized to accept assignment of such debt | 22 | | instruments and the payment obligations thereunder and to | 23 | | thereafter make all necessary payments to meet such | 24 | | obligations : (i) from the proceeds of revenue bonds authorized | 25 | | to be issued by the commission pursuant to this Division ; (ii) | 26 | | or, in the alternative, the commission may determine to pay |
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| 1 | | all or part of such amounts out of receipts from other sources | 2 | | available to the commission, including grants and loans ; or | 3 | | (iii) by the commission providing credits against amounts | 4 | | otherwise due to the commission from the municipality, | 5 | | including interest on the amounts due . | 6 | | As used in this subsection, "construction and operating | 7 | | costs" means the costs of construction and operation of a | 8 | | project, including debt incurred and principal and interest | 9 | | payments, whether incurred by the commission or a member | 10 | | municipality. | 11 | | (f) Commission facilities. A waterworks system or a common | 12 | | source of supply of water, or both, purchased or constructed | 13 | | by the commission: (1) may be located within or without the | 14 | | corporate limits of any member municipality; (2) may include, | 15 | | or may consist of, without limitation, facilities for | 16 | | receiving, storing, and transmitting water from any source for | 17 | | supplying water to member municipalities and other purchasers | 18 | | of water from the commission; and (3) may include, without | 19 | | limitation, facilities that are developed, acquired, | 20 | | constructed, extended, or improved by the commission that may | 21 | | at any time be owned by another unit of local government if | 22 | | such facilities will serve the waterworks system or provide a | 23 | | common source of supply of water for the commission.
| 24 | | (Source: P.A. 102-684, eff. 12-16-21.) | 25 | | (65 ILCS 5/11-135.5-25) |
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| 1 | | Sec. 11-135.5-25. Board organization and powers. | 2 | | (a) Organization of board. A commission shall organize by | 3 | | electing a chair from among its own members and shall elect | 4 | | persons, who need not be commissioners, to such other offices | 5 | | as shall be designated in the agreement. It shall adopt its own | 6 | | bylaws, rules, and regulations and provide for its meetings. | 7 | | The commission has full and complete supervision, management, | 8 | | and control of the waterworks system or the common source of | 9 | | supply of water, or both, as provided in the agreement and | 10 | | ordinances for acquiring and operating the same, and in their | 11 | | maintenance, operation, and extension. The board of | 12 | | commissioners shall determine the general policy of the | 13 | | commission, shall approve the annual budget, shall make all | 14 | | appropriations (which may include appropriations made at any | 15 | | time in addition to those made in any annual appropriation | 16 | | document), shall approve all contracts for the purchase or | 17 | | sale of water, shall adopt ordinances or resolutions providing | 18 | | for the issuance of bonds or notes by the commission, shall | 19 | | adopt its bylaws, rules, and regulations, and shall have such | 20 | | other powers and duties as may be prescribed in the agreement. | 21 | | Such agreement may further specify the voting and approval | 22 | | requirements for actions regarding the commission's powers and | 23 | | duties, including those powers and actions of the commission | 24 | | which shall be authorized only upon votes of greater than a | 25 | | majority of all commissioners or only upon consents of the | 26 | | corporate authorities of a certain number of member |
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| 1 | | municipalities, or both. | 2 | | The agreement may provide for the establishment of a | 3 | | technical advisory committee to consist of a municipal | 4 | | employee member from each member municipality as designated by | 5 | | ordinance or other official action, from time to time by the | 6 | | corporate authorities of the member municipality, and having | 7 | | the qualifications as prescribed in the agreement, and also | 8 | | may provide for such functions and duties of the committee as | 9 | | will support the efficient administration and operation of the | 10 | | commission. | 11 | | The board of commissioners may establish other committees | 12 | | from time to time, consisting of either members of the board or | 13 | | members who are municipal employees from each member | 14 | | municipality, in order to support the efficient administration | 15 | | and operation of the commission. | 16 | | (b) Water contracts to acquire water supply. A commission | 17 | | may contract to acquire a supply of water on such terms and | 18 | | conditions as it finds in the best interests of the commission | 19 | | for a period not exceeding 101 years. The term of the water | 20 | | supply contract may, at the end of the initial or extended | 21 | | term, be extended by an amendment, renewal, or revision beyond | 22 | | 101 years by further agreement of the parties. A commission | 23 | | may contract with any person, corporation, political | 24 | | subdivision, municipal corporation, or other governmental or | 25 | | non-governmental entity for a supply of water, and any such | 26 | | political subdivision, municipal corporation, or other |
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| 1 | | governmental entity is authorized to enter into such a | 2 | | contract with the commission. A commission may accept from a | 3 | | municipality that is a member of the commission the assignment | 4 | | of a contract to acquire a supply of water and to accept and | 5 | | perform the duties and obligations and make all payments | 6 | | required pursuant to such assigned contract. | 7 | | A contract made by or assigned to a commission for a supply | 8 | | of water may contain provisions whereby the commission is | 9 | | obligated to pay for such supply of water without setoff or | 10 | | counterclaim and irrespective of whether such supply of water | 11 | | is ever furnished, made available, or delivered to the | 12 | | commission or whether any project for the supply of water | 13 | | contemplated by the contract is completed, operable, or | 14 | | operating and notwithstanding any suspension, interruption, | 15 | | interference, reduction, or curtailment of the supply of water | 16 | | from such project. | 17 | | No prior appropriation shall be required before entering | 18 | | into or accepting assignment of such contract, and no | 19 | | appropriation shall be required to authorize payments to be | 20 | | made under the terms of the contract, notwithstanding any | 21 | | provision of this Code to the contrary. The contract shall not | 22 | | be a debt within the meaning of any statutory or | 23 | | constitutional limitations. | 24 | | (c) Water contracts to provide water supply to members. | 25 | | The commission is authorized to contract with the | 26 | | municipalities which established the commission, and with |
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| 1 | | other municipalities that have become members pursuant to the | 2 | | process established in the intergovernmental agreement, for a | 3 | | supply of water to those municipalities, for a period not | 4 | | exceeding 101 years, and those municipalities are authorized | 5 | | to enter into such contracts with the commission. The term of | 6 | | the water supply contract may, at the end of the initial or | 7 | | extended term, be extended by an amendment, renewal, or | 8 | | revision beyond 101 years by further agreement of the parties. | 9 | | Any such contract made by a commission and any such | 10 | | municipalities to supply water may contain provisions whereby | 11 | | the purchasing municipality is obligated to pay for such | 12 | | supply of water without setoff or counterclaim and | 13 | | irrespective of whether such supply of water is ever | 14 | | furnished, made available, or delivered to the purchasing | 15 | | municipality or whether any project for the supply of water | 16 | | contemplated by any such contract is completed, operable, or | 17 | | operating and notwithstanding any suspension, interruption, | 18 | | interference, reduction, or curtailment of the supply of water | 19 | | from such project. Any such contract may provide that if one or | 20 | | more of the other purchasers' defaults in the payment of its | 21 | | obligations under the contract or similar contract made with | 22 | | the supplier of the water, the remaining purchasers party to | 23 | | such contract or such similar contract shall be required to | 24 | | pay for all or a portion of the obligations of the defaulting | 25 | | purchaser. Each municipality that enters into such a contract | 26 | | shall be obligated and have the duty to include an amount |
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| 1 | | sufficient to pay the annual amount of its obligation each | 2 | | year in the next succeeding appropriation ordinances. No prior | 3 | | appropriation shall be required for a municipality to | 4 | | authorize the payments, advances, or obligations provided for | 5 | | in such contracts or this subsection. | 6 | | (d) Water contracts to provide water supply to nonmembers | 7 | | and extend system. A commission may supply water to and | 8 | | contract with a person, corporation, political subdivision, | 9 | | municipal corporation, or other governmental or | 10 | | non-governmental entity, in addition to the municipalities | 11 | | which have formed the commission and other municipalities that | 12 | | have become members pursuant to the process established in the | 13 | | intergovernmental agreement, and to construct water | 14 | | transmission and distribution lines within a radius of 25 | 15 | | miles outside the corporate limits of member municipalities | 16 | | for the purpose of furnishing water to any additional entities | 17 | | which contract with the commission for a supply of water, upon | 18 | | such payment, terms, and conditions as may be mutually agreed | 19 | | upon. Any such contract shall be a continuing, valid, and | 20 | | binding obligation of the purchaser for such period of years, | 21 | | not to exceed 40, as may be provided in such contract. | 22 | | Any such contract entered into to supply water to a | 23 | | municipal corporation or political subdivision shall provide | 24 | | that the payments to be made thereunder shall be from the | 25 | | revenues to be derived by such municipality or political | 26 | | subdivision from the operation of the waterworks system or |
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| 1 | | combined waterworks and sewer system of such municipality or | 2 | | political subdivision or from receipts from other sources | 3 | | available to the municipality or political subdivision, | 4 | | including grants and loans. Any such contract made by a | 5 | | commission and a purchaser that is such a municipal | 6 | | corporation or political subdivision to supply water may | 7 | | contain provisions whereby the purchaser is obligated to pay | 8 | | for such supply of water without setoff or counterclaim and | 9 | | irrespective of whether such supply of water is ever | 10 | | furnished, made available, or delivered to the purchaser or | 11 | | whether any project for the supply of water contemplated by | 12 | | any such contract is completed, operable, or operating and | 13 | | notwithstanding any suspension, interruption, interference, | 14 | | reduction, or curtailment of the supply of water from such | 15 | | project. The contract may provide that, if one or more of the | 16 | | other purchasers defaults in the payment of its obligations | 17 | | under such contract or similar contract made with the supplier | 18 | | of the water, the remaining purchasers party to such contract | 19 | | or such similar contract shall be required to pay for all or a | 20 | | portion of the obligations of the defaulting purchaser. Each | 21 | | municipal corporation or political subdivision that enters | 22 | | into such a contract shall be obligated and have the duty to | 23 | | include an amount sufficient to pay the annual amount of its | 24 | | obligation each year in the next succeeding appropriation | 25 | | ordinances. No prior appropriation shall be required for a | 26 | | municipality or political subdivision to authorize the |
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| 1 | | payments, advances, or obligations provided for in such | 2 | | contracts or this subsection. Any such contract shall not be a | 3 | | debt within the meaning of any statutory or constitutional | 4 | | limitations. | 5 | | (e) Additional powers. In addition to any other powers set | 6 | | forth in this Division and in the agreement, a commission has | 7 | | the following powers: | 8 | | (1) The power to enter into intergovernmental police | 9 | | assistance agreements with any municipality or county. | 10 | | (2) The power to enter into intergovernmental | 11 | | agreements with any unit of local government or other | 12 | | governmental entity in order to carry out the purposes for | 13 | | which the commission was formed.
| 14 | | (Source: P.A. 102-684, eff. 12-16-21.) | 15 | | (65 ILCS 5/11-135.5-35) | 16 | | Sec. 11-135.5-35. Revenues; rates; costs; construction | 17 | | contracts. | 18 | | (a) Revenue fund. Whenever bonds are issued under this | 19 | | Division, the revenue received from the operation of the | 20 | | properties under the control of the commission shall be set | 21 | | aside as collected and deposited in a separate fund to be used | 22 | | only (1) in paying the cost of the operation and maintenance of | 23 | | those properties, (2) in providing an adequate depreciation | 24 | | fund, (3) in paying the principal of and interest upon the | 25 | | revenue bonds issued by the commission, as provided by this |
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| 1 | | Division, (4) to comply with the covenants of the ordinance or | 2 | | resolution, or the master trust indenture or any applicable | 3 | | supplemental trust indenture or both, authorizing the issuance | 4 | | of such bonds, and (5) to carry out the corporate purposes and | 5 | | powers of the commission. | 6 | | (b) Rates and charges for waterworks system. If the | 7 | | commission has charge of the operation of a complete | 8 | | waterworks system, including the distribution mains, the | 9 | | commission shall establish rates and charges for water and the | 10 | | use of commission waterworks system facilities, which shall be | 11 | | sufficient at all times to pay the cost of operation and | 12 | | maintenance, to provide an adequate depreciation fund, to pay | 13 | | the principal of and interest upon all revenue bonds issued as | 14 | | provided by this Division, to comply with the covenants of the | 15 | | ordinance or resolution, or the master trust indenture or any | 16 | | applicable supplemental trust indenture or both, authorizing | 17 | | the issuance of such bonds, and to carry out the corporate | 18 | | purposes and powers of the commission. Charges and rates shall | 19 | | be established, revised, and maintained by ordinance and | 20 | | become payable as the commission may determine by ordinance. | 21 | | (c) Rates and charges for water source of supply. If the | 22 | | commission has charge of the operation of a common source of | 23 | | supply of water, the municipalities represented by the | 24 | | commission shall contract with the commission for water. These | 25 | | municipalities shall establish such charges and rates for | 26 | | water supplied by them to consumers as will be sufficient at |
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| 1 | | all times (1) to pay the cost of operation and maintenance of | 2 | | the respective waterworks systems (or combined waterworks and | 3 | | sewerage systems) of the municipalities, (2) to provide an | 4 | | adequate depreciation fund therefor, (3) to pay the principal | 5 | | of and interest on all revenue bonds of the municipalities | 6 | | payable from the revenues of the waterworks system (or | 7 | | combined waterworks and sewerage system), and (4) to pay the | 8 | | charges and rates established by the commission for the sale | 9 | | of water by the commission to, and the use of commission | 10 | | waterworks system facilities by, those municipalities. The | 11 | | commission shall establish such charges and rates for water | 12 | | supplied to those municipalities and the use of commission | 13 | | waterworks system facilities as will be sufficient at all | 14 | | times (1) to pay the cost of operation and maintenance of the | 15 | | common source of supply of water, (2) to provide an adequate | 16 | | depreciation fund therefor, (3) to pay the principal of and | 17 | | interest on the revenue bonds issued by the commission, (4) to | 18 | | comply with the covenants of the ordinance or resolution, or | 19 | | the master trust indenture or any applicable supplemental | 20 | | trust indenture or both, authorizing the issuance of such | 21 | | bonds, and (5) to carry out the corporate purposes and powers | 22 | | of the commission, under the provisions of this Division. | 23 | | Contracts entered into between the commission and the | 24 | | specified municipalities shall include covenants for the | 25 | | establishment of rates and charges as provided in this | 26 | | Section. |
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| 1 | | (d) Pension costs. Contributions to a retirement fund or | 2 | | other pension alternative authorized by the Illinois Pension | 3 | | Code, including, without limitation, the Illinois Municipal | 4 | | Retirement Fund, by commissions created under this Division | 5 | | which have been included under the retirement fund or other | 6 | | pension alternative shall be considered a cost of operation | 7 | | and maintenance for the purposes of this Section. | 8 | | (e) Enforcement of obligations. An owner A holder of a | 9 | | bond or of any of its coupons issued under this Division , a | 10 | | trustee under a master trust indenture or supplemental trust | 11 | | indenture or both with respect to the bonds issued under this | 12 | | Division, or both the owner and trustee may , in a civil action, | 13 | | mandamus action , or other proceeding, may enforce and compel | 14 | | performance of all duties required by this Division to be | 15 | | performed by such a commission or by any of the | 16 | | municipalities, including the making of rates and charges, the | 17 | | collecting of sufficient revenue, and the application thereof, | 18 | | as provided in this Division. | 19 | | (f) Construction contracts. All or any portion of a | 20 | | waterworks system or other public improvement of such a | 21 | | commission, when the expense thereof will exceed the greater | 22 | | of (i) $25,000 or (ii) the amount of expense above which a work | 23 | | or public improvement by a municipality must be let to the | 24 | | lowest responsible bidder after advertising for bids under | 25 | | Section 8-9-1 of this Code, shall be constructed, maintained, | 26 | | or repaired either: (1) by a contract let to the lowest |
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| 1 | | responsible bidder after advertising for bids, in the manner | 2 | | prescribed by the commission's bylaws, rules, and regulations | 3 | | and by the vote required as established in the | 4 | | intergovernmental agreement pursuant to Section 11-135.5-25; | 5 | | or (2) without advertising for bids, if authorized by a vote of | 6 | | greater than a majority of all the commissioners as | 7 | | established in the intergovernmental agreement pursuant to | 8 | | Section 11-135.5-25. The commission's bylaws, rules, and | 9 | | regulations shall provide for an alternative procedure for | 10 | | emergency procurement if an emergency makes it impracticable | 11 | | to follow the procedures in this subsection. | 12 | | (g) Alternative project delivery. A commission may use | 13 | | alternative project delivery methods if the commission | 14 | | determines it to be in the commission's best interest for a | 15 | | particular project. An alternative project delivery method may | 16 | | include, without limitation, design-build or | 17 | | construction-manager-at-risk. All notices for the procurement | 18 | | of goods, services, or work to be provided pursuant to an | 19 | | alternate delivery method shall include all requirements for | 20 | | the goods, services, or work to be procured. All awards of | 21 | | contracts or agreements for the procurement of goods, | 22 | | services, or work to be provided pursuant to an alternate | 23 | | delivery method shall be made on the basis of demonstrated | 24 | | competence and qualifications and with due regard for the | 25 | | principles of competitive selection. As part of an alternate | 26 | | project delivery procurement process, prior to submission of |
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| 1 | | proposals, the commission may conduct meetings and exchange | 2 | | confidential information with proposers to promote | 3 | | understanding of the request for proposals, review alternative | 4 | | design concepts, or discuss other issues related to the | 5 | | procurement. | 6 | | As used in this subsection: | 7 | | "Construction-manager-at-risk" means a delivery method in | 8 | | which the party proposing to be the construction manager | 9 | | commits to be responsible for performance of certain | 10 | | preconstruction services and, if the parties reach agreement | 11 | | on key terms, becomes responsible for construction of the | 12 | | project. | 13 | | "Design-build" means a delivery method that provides | 14 | | responsibility within a single contract for furnishing the | 15 | | architectural, engineering, land-surveying, and related | 16 | | services for the project, as well as the labor, materials, | 17 | | equipment, and other construction services for the project. | 18 | | (h) Procurement goals and requirements. A commission may | 19 | | establish goals or requirements for the procurement of goods | 20 | | and services and for construction contracts to promote and | 21 | | encourage the continuing economic development of (i) | 22 | | businesses that are owned and operated by minorities, women, | 23 | | persons with disabilities, or veterans; (ii) businesses that | 24 | | are located within the territory of one or more of the | 25 | | municipalities that are members of the commission; (iii) | 26 | | businesses that employ persons who reside in the territory of |
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| 1 | | one or more of the municipalities that are members of the | 2 | | commission; (iv) businesses that are located within the | 3 | | territory of a municipality having more than 2,000,000 | 4 | | inhabitants in which a portion of the commission's waterworks | 5 | | system or other commission improvement is located; or (v) | 6 | | businesses that employ persons who reside in the territory of | 7 | | a municipality having more than 2,000,000 inhabitants in which | 8 | | a portion of the commission's waterworks system or other | 9 | | commission improvement is located. | 10 | | A commission may also establish other goals or | 11 | | requirements that result in the award to a responsible bidder | 12 | | other than the lowest responsible bidder if the commission | 13 | | determines that the award is in the commission's best | 14 | | interests, notwithstanding the requirements of subsection (f). | 15 | | Goals or requirements that are set by a commission that result | 16 | | in a preference being applied to a bidder or proposer, who has | 17 | | met those goals or requirements, in a commission's process for | 18 | | awarding construction contracts and for the procurement of | 19 | | goods and services must comply with the constitutional | 20 | | standards applicable to the preferences. | 21 | | (i) Contract assignment. A member municipality may enter | 22 | | into a contract for any portion of a waterworks system or other | 23 | | public improvement of a commission pursuant to a contracting | 24 | | method that is consistent with the requirements applicable to | 25 | | the municipality and generally consistent with the principles | 26 | | in subsection (f) or (g). The commission may accept assignment |
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| 1 | | of such a contract and of payment obligations under that | 2 | | contract. | 3 | | (j) (g) Project labor agreement. In connection with a | 4 | | contract by a commission for the construction of all or any | 5 | | portion of a waterworks system or other public improvement of | 6 | | the commission, the commission must enter into a project labor | 7 | | agreement with the applicable local building trades council | 8 | | prior to the commencement of any and all construction, | 9 | | building, renovation, demolition, or any material change to | 10 | | the structure or land.
| 11 | | (Source: P.A. 102-684, eff. 12-16-21.) | 12 | | (65 ILCS 5/11-135.5-50 new) | 13 | | Sec. 11-135.5-50. Solicitation of proposals. | 14 | | (a) A commission may enter into design-build contracts. In | 15 | | addition to the requirements set forth in its local | 16 | | ordinances, when the commission elects to use the design-build | 17 | | delivery method, it must issue a notice of intent to receive | 18 | | proposals for the project at least 14 days before issuing the | 19 | | request for the proposal. The commission must publish the | 20 | | advance notice in the manner prescribed by ordinance, which | 21 | | shall include posting the advance notice online on its | 22 | | website. The commission may publish the notice in construction | 23 | | industry publications or post the notice on construction | 24 | | industry websites. A brief description of the proposed | 25 | | procurement must be included in the notice. The commission |
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| 1 | | must provide a copy of the request for proposal to any party | 2 | | requesting a copy. | 3 | | (b) The request for proposal shall be prepared for each | 4 | | project and must contain, without limitation, the following | 5 | | information: | 6 | | (1) The name of the commission. | 7 | | (2) A preliminary schedule for the completion of the | 8 | | contract. | 9 | | (3) The proposed budget for the project, the source of | 10 | | funds, and the currently available funds at the time the | 11 | | request for proposal is submitted. | 12 | | (4) Prequalification criteria for design-build | 13 | | entities wishing to submit proposals. The Commission shall | 14 | | include, at a minimum, its normal prequalification, | 15 | | licensing, registration, and other requirements; however, | 16 | | nothing precludes the use of additional prequalification | 17 | | criteria by the commission. | 18 | | (5) Material requirements of the contract, including, | 19 | | but not limited to, the proposed terms and conditions, | 20 | | required performance and payment bonds, and insurance. | 21 | | (6) The performance criteria. | 22 | | (7) The evaluation criteria for each phase of the | 23 | | solicitation. Price may not be used as a factor in the | 24 | | evaluation of Phase I proposals. | 25 | | (8) The number of entities that will be considered for | 26 | | the technical and cost evaluation phase. |
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| 1 | | (c) The commission may include any other relevant | 2 | | information that it chooses to supply. The design-build entity | 3 | | shall be entitled to rely upon the accuracy of this | 4 | | documentation in the development of its proposal. | 5 | | (d) The date that proposals are due must be at least 21 | 6 | | calendar days after the date of the issuance of the request for | 7 | | proposal. If the cost of the project is estimated to exceed | 8 | | $12,000,000, then the proposal due date must be at least 28 | 9 | | calendar days after the date of the issuance of the request for | 10 | | proposal. The commission shall include in the request for | 11 | | proposal a minimum of 30 days to develop the Phase II | 12 | | submissions after the selection of entities from the Phase I | 13 | | evaluation is completed. | 14 | | (65 ILCS 5/11-135.5-55 new) | 15 | | Sec. 11-135.5-55. Development of scope and performance | 16 | | criteria. | 17 | | (a) The commission shall develop, with the assistance of a | 18 | | licensed design professional or public art designer, a request | 19 | | for proposal, which shall include scope and performance | 20 | | criteria. The scope and performance criteria must be in | 21 | | sufficient detail and contain adequate information to | 22 | | reasonably apprise the qualified design-build entities of the | 23 | | commission's overall programmatic needs and goals, including | 24 | | criteria and preliminary design plans, general budget | 25 | | parameters, schedule, and delivery requirements. |
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| 1 | | (b) Each request for proposal shall also include a | 2 | | description of the level of design to be provided in the | 3 | | proposals. This description must include the scope and type of | 4 | | renderings, drawings, and specifications that, at a minimum, | 5 | | will be required by the commission to be produced by the | 6 | | design-build entities. | 7 | | (c) The scope and performance criteria shall be prepared | 8 | | by a design professional or public art designer who is an | 9 | | employee of the commission, or the commission may contract | 10 | | with an independent design professional or public art designer | 11 | | selected under the Local Government Professional Services | 12 | | Selection Act to provide these services. | 13 | | (d) The design professional or public art designer that | 14 | | prepares the scope and performance criteria is prohibited from | 15 | | participating in any design-build entity proposal for the | 16 | | project. | 17 | | (e) The design-build contract may be conditioned upon | 18 | | subsequent refinements in scope and price and may allow the | 19 | | commission to make modifications in the project scope without | 20 | | invalidating the design-build contract. | 21 | | (65 ILCS 5/11-135.5-60 new) | 22 | | Sec. 11-135.5-60. Procedures for selection. | 23 | | (a) The commission must use a two-phase procedure for the | 24 | | selection of the successful design-build entity. Phase I of | 25 | | the procedure will evaluate and shortlist the design-build |
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| 1 | | entities based on qualifications, and Phase II will evaluate | 2 | | the technical and cost proposals. | 3 | | (b) The commission shall include in the request for | 4 | | proposal the evaluating factors to be used in Phase I. These | 5 | | factors are in addition to any prequalification requirements | 6 | | of design-build entities that the commission has set forth. | 7 | | Each request for proposal shall establish the relative | 8 | | importance assigned to each evaluation factor and subfactor, | 9 | | including any weighting of criteria to be employed by the | 10 | | commission. The commission must maintain a record of the | 11 | | evaluation scoring to be disclosed in event of a protest | 12 | | regarding the solicitation. | 13 | | The commission shall include the following criteria in | 14 | | every Phase I evaluation of design-build entities: (i) | 15 | | experience of personnel; (ii) successful experience with | 16 | | similar project types; (iii) financial capability; (iv) | 17 | | timeliness of past performance; (v) experience with similarly | 18 | | sized projects; (vi) successful reference checks of the firm; | 19 | | and (vii) commitment to assign personnel for the duration of | 20 | | the project and qualifications of the entity's consultants. | 21 | | The commission may include any additional relevant | 22 | | criteria in Phase I that it deems necessary for a proper | 23 | | qualification review. The commission may not consider any | 24 | | design-build entity for evaluation or award if the entity has | 25 | | any pecuniary interest in the project or has other | 26 | | relationships or circumstances, including, but not limited to, |
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| 1 | | long-term leasehold, mutual performance, or development | 2 | | contracts with the commission, that may give the design-build | 3 | | entity a financial or tangible advantage over other | 4 | | design-build entities in the preparation, evaluation, or | 5 | | performance of the design-build contract or that create the | 6 | | appearance of impropriety. | 7 | | Upon completion of the qualifications evaluation, the | 8 | | commission shall create a shortlist of the most highly | 9 | | qualified design-build entities. The commission, in its | 10 | | discretion, is not required to shortlist the maximum number of | 11 | | entities as identified for Phase II evaluation, provided that | 12 | | no less than 2 design-build entities nor more than 6 are | 13 | | selected to submit Phase II proposals. The commission shall | 14 | | notify the entities selected for the shortlist in writing. | 15 | | This notification shall commence the period for the | 16 | | preparation of the Phase II technical and cost evaluations. | 17 | | The commission must allow sufficient time for the shortlist | 18 | | entities to prepare their Phase II submittals considering the | 19 | | scope and detail requested by the commission. | 20 | | (c) The commission shall include in the request for | 21 | | proposal the evaluating factors to be used in the technical | 22 | | and cost submission components of Phase II. Each request for | 23 | | proposal shall establish, for both the technical and cost | 24 | | submission components of Phase II, the relative importance | 25 | | assigned to each evaluation factor and subfactor, including | 26 | | any weighting of criteria to be employed by the commission. |
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| 1 | | The commission must maintain a record of the evaluation | 2 | | scoring to be disclosed in event of a protest regarding the | 3 | | solicitation. | 4 | | The commission shall include the following criteria in | 5 | | every Phase II technical evaluation of design-build entities: | 6 | | (i) compliance with objectives of the project; (ii) compliance | 7 | | of proposed services to the request for proposal requirements; | 8 | | (iii) quality of products or materials proposed; (iv) quality | 9 | | of design parameters; (v) design concepts; (vi) innovation in | 10 | | meeting the scope and performance criteria; and (vii) | 11 | | constructability of the proposed project. The commission may | 12 | | include any additional relevant technical evaluation factors | 13 | | it deems necessary for proper selection. | 14 | | The commission shall include the following criteria in | 15 | | every Phase II cost evaluation: the total project cost; the | 16 | | construction costs; and the time of completion. The commission | 17 | | may include any additional relevant technical evaluation | 18 | | factors it deems necessary for proper selection. The total | 19 | | project cost criteria weighting factor shall not exceed 30%. | 20 | | The commission shall directly employ or retain a licensed | 21 | | design professional or a public art designer to evaluate the | 22 | | technical and cost submissions to determine if the technical | 23 | | submissions are in accordance with generally accepted industry | 24 | | standards. | 25 | | Upon completion of the technical submissions and cost | 26 | | submissions evaluation, the commission may award the |
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| 1 | | design-build contract to the highest overall ranked entity. | 2 | | (65 ILCS 5/11-135.5-65 new) | 3 | | Sec. 11-135.5-65. Small projects. In any case where the | 4 | | total overall cost of the project is estimated to be less than | 5 | | $12,000,000, the commission may combine the two-phase | 6 | | procedure for selection described in Section 11-135.5-60 into | 7 | | one combined step, provided that all the requirements of | 8 | | evaluation are performed in accordance with Section | 9 | | 11-135.5-60. | 10 | | (65 ILCS 5/11-135.5-70 new) | 11 | | Sec. 11-135.5-70. Submission of proposals. Proposals must | 12 | | be properly identified and sealed. Proposals may not be | 13 | | reviewed until after the deadline for submission has passed as | 14 | | set forth in the request for proposals. All design-build | 15 | | entities submitting proposals shall be disclosed after the | 16 | | deadline for submission, and all design-build entities who are | 17 | | selected for Phase II evaluation shall also be disclosed at | 18 | | the time of that determination. | 19 | | Proposals shall include a bid bond in the form and | 20 | | security as designated in the request for proposals. Proposals | 21 | | shall also contain a separate sealed envelope with the cost | 22 | | information within the overall proposal submission. Proposals | 23 | | shall include a list of all design professionals, public art | 24 | | designers, and other entities to which any work may be |
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| 1 | | subcontracted during the performance of the contract. | 2 | | Proposals must meet all material requirements of the | 3 | | request for proposal or they may be rejected as | 4 | | non-responsive. The commission has the right to reject any and | 5 | | all proposals. | 6 | | The drawings and specifications of the proposal may remain | 7 | | the property of the design-build entity. | 8 | | The commission shall review the proposals for compliance | 9 | | with the performance criteria and evaluation factors. | 10 | | Proposals may be withdrawn prior to evaluation for any | 11 | | cause. After evaluation begins by the commission, clear and | 12 | | convincing evidence of error is required for withdrawal. | 13 | | (65 ILCS 5/11-135.5-75 new) | 14 | | Sec. 11-135.5-75. Award; performance. The commission may | 15 | | award the contract to the highest overall ranked entity. | 16 | | Notice of award shall be made in writing. Unsuccessful | 17 | | entities shall also be notified in writing. The commission may | 18 | | not request a best and final offer after the receipt of | 19 | | proposals. The commission may negotiate with the selected | 20 | | design-build entity after award but prior to contract | 21 | | execution for the purpose of securing better terms than | 22 | | originally proposed, provided that the salient features of the | 23 | | request for proposal are not diminished. | 24 | | A design-build entity and associated design professionals | 25 | | shall conduct themselves in accordance with the relevant laws |
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| 1 | | of this State and the related provisions of the Illinois | 2 | | Administrative Code.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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