Full Text of HB3178 98th General Assembly
HB3178 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3178 Introduced , by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
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70 ILCS 3605/32 | from Ch. 111 2/3, par. 332 |
70 ILCS 3610/5.5 new | |
70 ILCS 3615/4.06 | from Ch. 111 2/3, par. 704.06 |
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Amends the Metropolitan Transit Authority Act, the Local Mass Transit District Act, and the Regional Transportation Authority Act. Provides that the construction or acquisition of services or public transportation facilities by each Authority costing over $50,000 (now $10,000) are subject to certain public notice and public bidding requirements. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 Metropolitan Transit Authority Act is | 5 | | amended 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 | 8 | | the
construction or acquisition by the Authority of services or | 9 | | public
transportation facilities (other than real estate) | 10 | | involving a cost of more
than $50,000 $10,000 and the | 11 | | disposition of all property of the Authority shall be
after | 12 | | public notice and with public bidding. The regulations may | 13 | | provide
for exceptions to the requirements for the issuance and | 14 | | sale of bonds or
notes of the Authority, to the acquisition of | 15 | | professional or utility
services and to other matters for which | 16 | | public bidding is disadvantageous. The
regulations may also | 17 | | provide for the use of competitive negotiations or the
| 18 | | prequalification of responsible bidders consistent with | 19 | | applicable federal
regulations. The requirements set forth | 20 | | therein shall not apply to
purchase of service agreements or | 21 | | other contracts, purchases or sales
entered into by the | 22 | | Authority with any transportation agency or unit of
local | 23 | | government.
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| 1 | | (Source: P.A. 86-1277.)
| 2 | | Section 10. The Local Mass Transit District Act is amended | 3 | | by adding Section 5.5 as follows: | 4 | | (70 ILCS 3610/5.5 new) | 5 | | Sec. 5.5. Public bidding. The Board shall adopt regulations | 6 | | to ensure that the construction or acquisition by the Authority | 7 | | of services or public transportation facilities (other than | 8 | | real estate) involving a cost of more than $50,000 and the | 9 | | disposition of all property of the Authority shall be after | 10 | | public notice and with public bidding. The regulations may | 11 | | provide for exceptions to the requirements for the issuance and | 12 | | sale of bonds or notes of the Authority, to the acquisition of | 13 | | professional or utility services and to other matters for which | 14 | | public bidding is disadvantageous. The regulations may also | 15 | | provide for the use of competitive negotiations or the | 16 | | prequalification of responsible bidders consistent with | 17 | | applicable federal regulations. The requirements set forth | 18 | | therein shall not apply to purchase of service agreements or | 19 | | other contracts, purchases or sales entered into by the | 20 | | Authority with any transportation agency or unit of local | 21 | | government. | 22 | | Section 15. The Regional Transportation Authority Act is | 23 | | amended 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 | 4 | | construction or acquisition by the Authority or a Service Board
| 5 | | other than the Chicago Transit Authority of services or public
| 6 | | transportation facilities (other than real estate) involving a | 7 | | cost of more
than $50,000 $10,000 and the disposition of all | 8 | | property of the Authority or a
Service Board other than the | 9 | | Chicago Transit Authority shall be after
public notice and with | 10 | | public bidding. Such regulations may provide for
exceptions to | 11 | | such requirements for acquisition of repair parts, | 12 | | accessories,
equipment or services previously furnished or | 13 | | contracted for; for the
immediate delivery of supplies, | 14 | | material or equipment or performance of
service when it is | 15 | | determined by the concurrence of two-thirds of the then
| 16 | | Directors that an emergency requires immediate delivery or | 17 | | supply thereof;
for goods or services that are economically | 18 | | procurable from only one
source; for contracts for the | 19 | | maintenance or servicing of equipment which
are made with the | 20 | | manufacturers or authorized service agent of that
equipment | 21 | | where the maintenance or servicing can best be performed by the
| 22 | | manufacturer or authorized service agent or such a contract | 23 | | would be
otherwise advantageous to the Authority or a Service | 24 | | Board, other
than the Chicago Transit Authority, except that | 25 | | the exceptions in this
clause shall not apply to contracts for |
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| 1 | | plumbing, heating, piping,
refrigeration and automatic | 2 | | temperature control systems, ventilating and
distribution | 3 | | systems for conditioned air, and electrical wiring; for goods
| 4 | | or services procured from another governmental agency; for | 5 | | purchases and
contracts for the use or purchase of data | 6 | | processing equipment and data
processing systems software; for | 7 | | the acquisition of professional or
utility services; and for | 8 | | the acquisition of public transportation
equipment including, | 9 | | but not limited to, rolling stock, locomotives and
buses, | 10 | | provided that: (i) it is determined by a vote of 2/3 of the | 11 | | then
Directors of the Service Board making the acquisition that | 12 | | a negotiated
acquisition offers opportunities with respect to | 13 | | the cost or financing of
the equipment, its delivery, or the | 14 | | performance of a portion of the work
within the State or the | 15 | | use of goods produced or
services provided within the State; | 16 | | (ii) a notice of intention to negotiate
for the acquisition of | 17 | | such public transportation equipment is published in
a | 18 | | newspaper of general circulation within the City of Chicago | 19 | | inviting
proposals from qualified vendors; and (iii) any | 20 | | contract with respect to
such acquisition is authorized by a | 21 | | vote of 2/3 of the then Directors of
the Service Board making | 22 | | the acquisition. The requirements set forth
in this Section | 23 | | shall not apply to purchase of service
agreements or other
| 24 | | contracts, purchases or sales entered into by the Authority | 25 | | with any
transportation agency or unit of local government.
| 26 | | (b) (1) In connection with two-phase design/build |
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| 1 | | selection procedures
authorized in this Section, a Service | 2 | | Board may authorize, by
the affirmative vote of two-thirds of | 3 | | the then members of the
Service Board, the use of competitive | 4 | | selection and the prequalification of
responsible bidders | 5 | | consistent with applicable federal regulations and this
| 6 | | subsection (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 | 4 | | becoming law.
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