Sen. Martin A. Sandoval

Filed: 5/31/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2953

2    AMENDMENT NO. ______. Amend House Bill 2953 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Metropolitan Transit Authority Act is
5amended by changing Section 32 as follows:
 
6    (70 ILCS 3605/32)  (from Ch. 111 2/3, par. 332)
7    Sec. 32. The Board shall adopt regulations to insure that
8the construction or acquisition by the Authority of services or
9public transportation facilities (other than real estate)
10involving a cost of more than the small purchase threshold set
11by the Federal Transit Administration $40,000 and the
12disposition of all property of the Authority shall be after
13public notice and with public bidding. The Board shall adopt
14regulations to ensure that the construction, demolition,
15rehabilitation, renovation, and building maintenance projects
16by the Authority for services or public transportation

 

 

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1facilities involving a cost of more than $40,000 shall be after
2public notice and with public bidding. The regulations may
3provide for exceptions to the requirements for the issuance and
4sale of bonds or notes of the Authority, to the acquisition of
5professional or utility services and to other matters for which
6public bidding is disadvantageous. The regulations may also
7provide for the use of competitive negotiations or the
8prequalification of responsible bidders consistent with
9applicable federal regulations. The requirements set forth
10therein shall not apply to purchase of service agreements or
11other contracts, purchases or sales entered into by the
12Authority with any transportation agency or unit of local
13government.
14(Source: P.A. 98-1156, eff. 1-9-15.)
 
15    Section 10. The Local Mass Transit District Act is amended
16by changing Section 5.5 as follows:
 
17    (70 ILCS 3610/5.5)
18    Sec. 5.5. Public bidding. The Board shall adopt regulations
19to ensure that the construction or acquisition by the District
20of services or public transportation facilities (other than
21real estate) involving a cost of more than the small purchase
22threshold set by the Federal Transit Administration $40,000 and
23the disposition of all property of the District shall be after
24public notice and with public bidding. The Board shall adopt

 

 

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1regulations to ensure that the construction, demolition,
2rehabilitation, renovation, and building maintenance projects
3by the District for services or public transportation
4facilities involving a cost of more than $40,000 shall be after
5public notice and with public bidding. The regulations may
6provide for exceptions to the requirements for the issuance and
7sale of bonds or notes of the District, to the acquisition of
8professional or utility services and to other matters for which
9public bidding is disadvantageous. The regulations may also
10provide for the use of competitive negotiations or the
11prequalification of responsible bidders consistent with
12applicable federal regulations. The requirements set forth
13therein shall not apply to purchase of service agreements or
14other contracts, purchases or sales entered into by the
15District with any transportation agency or unit of local
16government.
17(Source: P.A. 98-1156, eff. 1-9-15.)
 
18    Section 15. The Regional Transportation Authority Act is
19amended by changing Section 4.06 as follows:
 
20    (70 ILCS 3615/4.06)  (from Ch. 111 2/3, par. 704.06)
21    Sec. 4.06. Public bidding.
22    (a) The Board shall adopt regulations to ensure that the
23construction or acquisition by the Authority or a Service Board
24other than the Chicago Transit Authority of services or public

 

 

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1transportation facilities (other than real estate) involving a
2cost of more than the small purchase threshold set by the
3Federal Transit Administration $40,000 and the disposition of
4all property of the Authority or a Service Board other than the
5Chicago Transit Authority shall be after public notice and with
6public bidding. The Board shall adopt regulations to ensure
7that the construction, demolition, rehabilitation, renovation,
8and building maintenance projects by the Authority or a Service
9Board other than the Chicago Transit Authority for services or
10public transportation facilities involving a cost of more than
11$40,000 shall be after public notice and with public bidding.
12Such regulations may provide for exceptions to such
13requirements for acquisition of repair parts, accessories,
14equipment or services previously furnished or contracted for;
15for the immediate delivery of supplies, material or equipment
16or performance of service when it is determined by the
17concurrence of two-thirds of the then Directors that an
18emergency requires immediate delivery or supply thereof; for
19goods or services that are economically procurable from only
20one source; for contracts for the maintenance or servicing of
21equipment which are made with the manufacturers or authorized
22service agent of that equipment where the maintenance or
23servicing can best be performed by the manufacturer or
24authorized service agent or such a contract would be otherwise
25advantageous to the Authority or a Service Board, other than
26the Chicago Transit Authority, except that the exceptions in

 

 

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1this clause shall not apply to contracts for plumbing, heating,
2piping, refrigeration and automatic temperature control
3systems, ventilating and distribution systems for conditioned
4air, and electrical wiring; for goods or services procured from
5another governmental agency; for purchases and contracts for
6the use or purchase of data processing equipment and data
7processing systems software; for the acquisition of
8professional or utility services; and for the acquisition of
9public transportation equipment including, but not limited to,
10rolling stock, locomotives and buses, provided that: (i) it is
11determined by a vote of 2/3 of the then Directors of the
12Service Board making the acquisition that a negotiated
13acquisition offers opportunities with respect to the cost or
14financing of the equipment, its delivery, or the performance of
15a portion of the work within the State or the use of goods
16produced or services provided within the State; (ii) a notice
17of intention to negotiate for the acquisition of such public
18transportation equipment is published in a newspaper of general
19circulation within the City of Chicago inviting proposals from
20qualified vendors; and (iii) any contract with respect to such
21acquisition is authorized by a vote of 2/3 of the then
22Directors of the Service Board making the acquisition. The
23requirements set forth in this Section shall not apply to
24purchase of service agreements or other contracts, purchases or
25sales entered into by the Authority with any transportation
26agency or unit of local government.

 

 

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1    (b) (1) In connection with two-phase design/build
2selection procedures authorized in this Section, a Service
3Board may authorize, by the affirmative vote of two-thirds of
4the then members of the Service Board, the use of competitive
5selection and the prequalification of responsible bidders
6consistent with applicable federal regulations and this
7subsection (b).
8        (2) Two-phase design/build selection procedures shall
9    consist of the following:
10            (i) A Service Board shall develop, through
11        licensed architects or licensed engineers, a scope of
12        work statement for inclusion in the solicitation for
13        phase-one proposals that defines the project and
14        provides prospective offerors with sufficient
15        information regarding the Service Board's
16        requirements. The statement shall include criteria and
17        preliminary design, and general budget parameters and
18        general schedule or delivery requirements to enable
19        the offerors to submit proposals which meet the Service
20        Board's needs. When the two-phase design/build
21        selection procedure is used and the Service Board
22        contracts for development of the scope of work
23        statement, the Service Board shall contract for
24        architectural or engineering services as defined by
25        and in accordance with the Architectural, Engineering,
26        and Land Surveying Qualifications Based Selection Act

 

 

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1        and all applicable licensing statutes.
2            (ii) The evaluation factors to be used in
3        evaluating phase-one proposals must be stated in the
4        solicitation and must include specialized experience
5        and technical competence, capability to perform, past
6        performance of the offeror's team (including the
7        architect-engineer and construction members of the
8        team) and other appropriate technical and
9        qualifications factors. Each solicitation must
10        establish the relative importance assigned to the
11        evaluation factors and the subfactors that must be
12        considered in the evaluation of phase-one proposals on
13        the basis of the evaluation factors set forth in the
14        solicitation. Each design/build team must include a
15        licensed design professional independent from the
16        Service Board's licensed architect or engineer and a
17        licensed design professional must be named in the
18        phase-one proposals submitted to the Service Board.
19            (iii) On the basis of the phase-one proposal the
20        Service Board shall select as the most highly qualified
21        the number of offerors specified in the solicitation
22        and request the selected offerors to submit phase-two
23        competitive proposals and cost or price information.
24        Each solicitation must establish the relative
25        importance assigned to the evaluation factors and the
26        subfactors that must be considered in the evaluation of

 

 

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1        phase-two proposals on the basis of the evaluation
2        factors set forth in the solicitation. A Service Board
3        may negotiate with the selected design/build team
4        after award but prior to contract execution for the
5        purpose of securing better terms than originally
6        proposed, provided the salient features of the
7        design/build solicitation are not diminished. Each
8        phase-two solicitation evaluates separately (A) the
9        technical submission for the proposal, including
10        design concepts or proposed solutions to requirements
11        addressed within the scope of work, and (B) the
12        evaluation factors and subfactors, including cost or
13        price, that must be considered in the evaluations of
14        proposals.
15            (iv) A design/build solicitation issued under the
16        procedures in this subsection (b) shall state the
17        maximum number of offerors that are to be selected to
18        submit competitive phase-two proposals. The maximum
19        number specified in the solicitation shall not exceed 5
20        unless the Service Board with respect to an individual
21        solicitation determines that a specified number
22        greater than 5 is in the best interest of the Service
23        Board and is consistent with the purposes and
24        objectives of the two-phase design/build selection
25        process.
26            (v) All designs submitted as part of the two-phase

 

 

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1        selection process and not selected shall be
2        proprietary to the preparers.
3(Source: P.A. 98-1156, eff. 1-9-15.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".