Sen. Martin A. Sandoval
Filed: 5/30/2017
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1 | AMENDMENT TO HOUSE BILL 2953
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2 | AMENDMENT NO. ______. Amend House Bill 2953 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Local Mass Transit District Act is amended | ||||||
5 | by changing Section 5.5 as follows: | ||||||
6 | (70 ILCS 3610/5.5) | ||||||
7 | Sec. 5.5. Public bidding. The Board shall adopt regulations | ||||||
8 | to ensure that the construction or acquisition by the District | ||||||
9 | of services or public transportation facilities (other than | ||||||
10 | real estate) involving a cost of more than the small purchase | ||||||
11 | threshold set by the Federal Transit Administration $40,000 and | ||||||
12 | the disposition of all property of the District shall be after | ||||||
13 | public notice and with public bidding. The Board shall adopt | ||||||
14 | regulations to ensure that the construction, demolition, | ||||||
15 | rehabilitation, renovation, and building maintenance projects | ||||||
16 | by the District for services or public transportation |
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1 | facilities involving a cost of more than $40,000 shall be after | ||||||
2 | public notice and with public bidding. The regulations may | ||||||
3 | provide for exceptions to the requirements for the issuance and | ||||||
4 | sale of bonds or notes of the District, to the acquisition of | ||||||
5 | professional or utility services and to other matters for which | ||||||
6 | public bidding is disadvantageous. The regulations may also | ||||||
7 | provide for the use of competitive negotiations or the | ||||||
8 | prequalification of responsible bidders consistent with | ||||||
9 | applicable federal regulations. The requirements set forth | ||||||
10 | therein shall not apply to purchase of service agreements or | ||||||
11 | other contracts, purchases or sales entered into by the | ||||||
12 | District with any transportation agency or unit of local | ||||||
13 | government.
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14 | (Source: P.A. 98-1156, eff. 1-9-15.)
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15 | Section 10. The Regional Transportation Authority Act is | ||||||
16 | amended by changing Section 4.06 as follows:
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17 | (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
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18 | Sec. 4.06. Public bidding.
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19 | (a) The Board shall adopt regulations to ensure
that the | ||||||
20 | construction or acquisition by the Authority or a Service Board
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21 | other than the Chicago Transit Authority of services or public
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22 | transportation facilities (other than real estate) involving a | ||||||
23 | cost of more
than the small purchase threshold set by the | ||||||
24 | Federal Transit Administration $40,000 and the disposition of |
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1 | all property of the Authority or a
Service Board other than the | ||||||
2 | Chicago Transit Authority shall be after
public notice and with | ||||||
3 | public bidding. The Board shall adopt regulations to ensure | ||||||
4 | that the construction, demolition, rehabilitation, renovation, | ||||||
5 | and building maintenance projects by the Authority or a Service | ||||||
6 | Board other than the Chicago Transit Authority for services or | ||||||
7 | public transportation facilities involving a cost of more than | ||||||
8 | $40,000 shall be after public notice and with public bidding. | ||||||
9 | Such regulations may provide for
exceptions to such | ||||||
10 | requirements for acquisition of repair parts, accessories,
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11 | equipment or services previously furnished or contracted for; | ||||||
12 | for the
immediate delivery of supplies, material or equipment | ||||||
13 | or performance of
service when it is determined by the | ||||||
14 | concurrence of two-thirds of the then
Directors that an | ||||||
15 | emergency requires immediate delivery or supply thereof;
for | ||||||
16 | goods or services that are economically procurable from only | ||||||
17 | one
source; for contracts for the maintenance or servicing of | ||||||
18 | equipment which
are made with the manufacturers or authorized | ||||||
19 | service agent of that
equipment where the maintenance or | ||||||
20 | servicing can best be performed by the
manufacturer or | ||||||
21 | authorized service agent or such a contract would be
otherwise | ||||||
22 | advantageous to the Authority or a Service Board, other
than | ||||||
23 | the Chicago Transit Authority, except that the exceptions in | ||||||
24 | this
clause shall not apply to contracts for plumbing, heating, | ||||||
25 | piping,
refrigeration and automatic temperature control | ||||||
26 | systems, ventilating and
distribution systems for conditioned |
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1 | air, and electrical wiring; for goods
or services procured from | ||||||
2 | another governmental agency; for purchases and
contracts for | ||||||
3 | the use or purchase of data processing equipment and data
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4 | processing systems software; for the acquisition of | ||||||
5 | professional or
utility services; and for the acquisition of | ||||||
6 | public transportation
equipment including, but not limited to, | ||||||
7 | rolling stock, locomotives and
buses, provided that: (i) it is | ||||||
8 | determined by a vote of 2/3 of the then
Directors of the | ||||||
9 | Service Board making the acquisition that a negotiated
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10 | acquisition offers opportunities with respect to the cost or | ||||||
11 | financing of
the equipment, its delivery, or the performance of | ||||||
12 | a portion of the work
within the State or the use of goods | ||||||
13 | produced or
services provided within the State; (ii) a notice | ||||||
14 | of intention to negotiate
for the acquisition of such public | ||||||
15 | transportation equipment is published in
a newspaper of general | ||||||
16 | circulation within the City of Chicago inviting
proposals from | ||||||
17 | qualified vendors; and (iii) any contract with respect to
such | ||||||
18 | acquisition is authorized by a vote of 2/3 of the then | ||||||
19 | Directors of
the Service Board making the acquisition. The | ||||||
20 | requirements set forth
in this Section shall not apply to | ||||||
21 | purchase of service
agreements or other
contracts, purchases or | ||||||
22 | sales entered into by the Authority with any
transportation | ||||||
23 | agency or unit of local government.
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24 | (b) (1) In connection with two-phase design/build | ||||||
25 | selection procedures
authorized in this Section, a Service | ||||||
26 | Board may authorize, by
the affirmative vote of two-thirds of |
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1 | the then members of the
Service Board, the use of competitive | ||||||
2 | selection and the prequalification of
responsible bidders | ||||||
3 | consistent with applicable federal regulations and this
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4 | subsection (b).
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5 | (2) Two-phase design/build selection procedures shall | ||||||
6 | consist of the
following:
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7 | (i) A Service Board shall develop, through | ||||||
8 | licensed
architects or licensed engineers, a scope of | ||||||
9 | work statement for inclusion in
the solicitation for | ||||||
10 | phase-one proposals that defines the project and | ||||||
11 | provides
prospective offerors with sufficient | ||||||
12 | information regarding the
Service Board's | ||||||
13 | requirements. The statement shall include criteria and
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14 | preliminary design, and general budget parameters and | ||||||
15 | general schedule or
delivery requirements
to enable | ||||||
16 | the offerors to submit proposals which meet the
Service | ||||||
17 | Board's needs.
When the two-phase design/build | ||||||
18 | selection procedure is used and the
Service Board | ||||||
19 | contracts for development of the scope of work | ||||||
20 | statement, the
Service Board shall contract for | ||||||
21 | architectural or engineering
services as defined by | ||||||
22 | and in accordance with the Architectural, Engineering,
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23 | and Land Surveying Qualifications Based Selection Act | ||||||
24 | and all applicable
licensing statutes.
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25 | (ii) The evaluation factors to be used in | ||||||
26 | evaluating phase-one proposals
must be stated in the |
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1 | solicitation and must include specialized experience | ||||||
2 | and
technical competence, capability to perform, past | ||||||
3 | performance of the offeror's
team (including the | ||||||
4 | architect-engineer and construction members of the | ||||||
5 | team)
and other appropriate technical and | ||||||
6 | qualifications factors. Each solicitation
must | ||||||
7 | establish the relative importance assigned to the | ||||||
8 | evaluation factors and
the subfactors that must be | ||||||
9 | considered in the evaluation of phase-one proposals
on | ||||||
10 | the basis of the evaluation factors set forth in the | ||||||
11 | solicitation. Each
design/build team must include a | ||||||
12 | licensed design professional independent from
the | ||||||
13 | Service Board's licensed architect or engineer and a
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14 | licensed design professional must be named in the | ||||||
15 | phase-one proposals submitted
to the
Service Board.
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16 | (iii) On the basis of the phase-one proposal the | ||||||
17 | Service
Board shall select as the most highly qualified | ||||||
18 | the number of offerors
specified in the solicitation | ||||||
19 | and request the selected offerors to submit
phase-two | ||||||
20 | competitive proposals and cost or price information. | ||||||
21 | Each
solicitation must establish the relative | ||||||
22 | importance assigned to the evaluation
factors and the | ||||||
23 | subfactors that must be considered in the evaluation of
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24 | phase-two proposals on the basis of the evaluation | ||||||
25 | factors set forth in the
solicitation. A Service Board | ||||||
26 | may negotiate with the selected
design/build team |
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1 | after award but prior to contract execution for the | ||||||
2 | purpose
of securing better terms than originally | ||||||
3 | proposed, provided the salient
features of the | ||||||
4 | design/build solicitation are not diminished. Each | ||||||
5 | phase-two
solicitation evaluates separately (A) the | ||||||
6 | technical submission for the
proposal, including | ||||||
7 | design concepts or proposed solutions to requirements
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8 | addressed within the scope of work, and (B) the | ||||||
9 | evaluation factors and
subfactors, including cost or | ||||||
10 | price, that must be considered in the evaluations
of | ||||||
11 | proposals.
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12 | (iv) A design/build solicitation issued under the | ||||||
13 | procedures in this
subsection (b) shall state the | ||||||
14 | maximum number of offerors that are to be
selected to | ||||||
15 | submit competitive phase-two proposals. The maximum | ||||||
16 | number
specified in the solicitation shall not exceed 5 | ||||||
17 | unless the
Service Board with respect to an individual | ||||||
18 | solicitation determines that a
specified number | ||||||
19 | greater than 5 is in the best interest of the
Service | ||||||
20 | Board and is consistent with the purposes and | ||||||
21 | objectives of the
two-phase design/build selection | ||||||
22 | process.
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23 | (v) All designs submitted as part of the two-phase | ||||||
24 | selection process and
not selected shall be | ||||||
25 | proprietary to the preparers.
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26 | (Source: P.A. 98-1156, eff. 1-9-15.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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