HB5878 EnrolledLRB098 20294 JLK 55729 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 $40,000 $10,000 and the
11disposition of all property of the Authority shall be after
12public notice and with public bidding. The regulations may
13provide for exceptions to the requirements for the issuance and
14sale of bonds or notes of the Authority, to the acquisition of
15professional or utility services and to other matters for which
16public bidding is disadvantageous. The regulations may also
17provide for the use of competitive negotiations or the
18prequalification of responsible bidders consistent with
19applicable federal regulations. The requirements set forth
20therein shall not apply to purchase of service agreements or
21other contracts, purchases or sales entered into by the
22Authority with any transportation agency or unit of local
23government.

 

 

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1(Source: P.A. 86-1277.)
 
2    Section 10. The Local Mass Transit District Act is amended
3by adding Section 5.5 as follows:
 
4    (70 ILCS 3610/5.5 new)
5    Sec. 5.5. Public bidding. The Board shall adopt regulations
6to ensure that the construction or acquisition by the District
7of services or public transportation facilities (other than
8real estate) involving a cost of more than $40,000 and the
9disposition of all property of the District shall be after
10public notice and with public bidding. The regulations may
11provide for exceptions to the requirements for the issuance and
12sale of bonds or notes of the District, to the acquisition of
13professional or utility services and to other matters for which
14public bidding is disadvantageous. The regulations may also
15provide for the use of competitive negotiations or the
16prequalification of responsible bidders consistent with
17applicable federal regulations. The requirements set forth
18therein shall not apply to purchase of service agreements or
19other contracts, purchases or sales entered into by the
20District with any transportation agency or unit of local
21government.
 
22    Section 15. The Regional Transportation Authority Act is
23amended by changing Section 4.06 as follows:
 

 

 

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1    (70 ILCS 3615/4.06)  (from Ch. 111 2/3, par. 704.06)
2    Sec. 4.06. Public bidding.
3    (a) The Board shall adopt regulations to ensure that the
4construction or acquisition by the Authority or a Service Board
5other than the Chicago Transit Authority of services or public
6transportation facilities (other than real estate) involving a
7cost of more than $40,000 $10,000 and the disposition of all
8property of the Authority or a Service Board other than the
9Chicago Transit Authority shall be after public notice and with
10public bidding. Such regulations may provide for exceptions to
11such requirements for acquisition of repair parts,
12accessories, equipment or services previously furnished or
13contracted for; for the immediate delivery of supplies,
14material or equipment or performance of service when it is
15determined by the concurrence of two-thirds of the then
16Directors that an emergency requires immediate delivery or
17supply thereof; for goods or services that are economically
18procurable from only one source; for contracts for the
19maintenance or servicing of equipment which are made with the
20manufacturers or authorized service agent of that equipment
21where the maintenance or servicing can best be performed by the
22manufacturer or authorized service agent or such a contract
23would be otherwise advantageous to the Authority or a Service
24Board, other than the Chicago Transit Authority, except that
25the exceptions in this clause shall not apply to contracts for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        proprietary to the preparers.
2(Source: P.A. 89-664, eff. 8-14-96.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.