Full Text of SB1474 98th General Assembly
SB1474ham001 98TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 5/9/2013
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| 1 | | AMENDMENT TO SENATE BILL 1474
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1474 by replacing | 3 | | everything after the enacting clause with the following:
| 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 $40,000 $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 |
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| 1 | | provide for the use of competitive negotiations or the
| 2 | | prequalification of responsible bidders consistent with | 3 | | applicable federal
regulations. The requirements set forth | 4 | | therein shall not apply to
purchase of service agreements or | 5 | | other contracts, purchases or sales
entered into by the | 6 | | Authority with any transportation agency or unit of
local | 7 | | government.
| 8 | | (Source: P.A. 86-1277.)
| 9 | | Section 10. The Local Mass Transit District Act is amended | 10 | | by adding Section 5.5 as follows: | 11 | | (70 ILCS 3610/5.5 new) | 12 | | Sec. 5.5. Public bidding. The Board shall adopt regulations | 13 | | to ensure that the construction or acquisition by the District | 14 | | of services or public transportation facilities (other than | 15 | | real estate) involving a cost of more than $40,000 and the | 16 | | disposition of all property of the District shall be after | 17 | | public notice and with public bidding. The regulations may | 18 | | provide for exceptions to the requirements for the issuance and | 19 | | sale of bonds or notes of the District, to the acquisition of | 20 | | professional or utility services and to other matters for which | 21 | | public bidding is disadvantageous. The regulations may also | 22 | | provide for the use of competitive negotiations or the | 23 | | prequalification of responsible bidders consistent with | 24 | | applicable federal regulations. The requirements set forth |
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| 1 | | therein shall not apply to purchase of service agreements or | 2 | | other contracts, purchases or sales entered into by the | 3 | | District with any transportation agency or unit of local | 4 | | government. | 5 | | Section 15. The Regional Transportation Authority Act is | 6 | | amended by changing Section 4.06 as follows:
| 7 | | (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
| 8 | | Sec. 4.06. Public bidding.
| 9 | | (a) The Board shall adopt regulations to ensure
that the | 10 | | construction or acquisition by the Authority or a Service Board
| 11 | | other than the Chicago Transit Authority of services or public
| 12 | | transportation facilities (other than real estate) involving a | 13 | | cost of more
than $40,000 $10,000 and the disposition of all | 14 | | property of the Authority or a
Service Board other than the | 15 | | Chicago Transit Authority shall be after
public notice and with | 16 | | public bidding. Such regulations may provide for
exceptions to | 17 | | such requirements for acquisition of repair parts, | 18 | | accessories,
equipment or services previously furnished or | 19 | | contracted for; for the
immediate delivery of supplies, | 20 | | material or equipment or performance of
service when it is | 21 | | determined by the concurrence of two-thirds of the then
| 22 | | Directors that an emergency requires immediate delivery or | 23 | | supply thereof;
for goods or services that are economically | 24 | | procurable from only one
source; for contracts for the |
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| 1 | | maintenance or servicing of equipment which
are made with the | 2 | | manufacturers or authorized service agent of that
equipment | 3 | | where the maintenance or servicing can best be performed by the
| 4 | | manufacturer or authorized service agent or such a contract | 5 | | would be
otherwise advantageous to the Authority or a Service | 6 | | Board, other
than the Chicago Transit Authority, except that | 7 | | the exceptions in this
clause shall not apply to contracts for | 8 | | plumbing, heating, piping,
refrigeration and automatic | 9 | | temperature control systems, ventilating and
distribution | 10 | | systems for conditioned air, and electrical wiring; for goods
| 11 | | or services procured from another governmental agency; for | 12 | | purchases and
contracts for the use or purchase of data | 13 | | processing equipment and data
processing systems software; for | 14 | | the acquisition of professional or
utility services; and for | 15 | | the acquisition of public transportation
equipment including, | 16 | | but not limited to, rolling stock, locomotives and
buses, | 17 | | provided that: (i) it is determined by a vote of 2/3 of the | 18 | | then
Directors of the Service Board making the acquisition that | 19 | | a negotiated
acquisition offers opportunities with respect to | 20 | | the cost or financing of
the equipment, its delivery, or the | 21 | | performance of a portion of the work
within the State or the | 22 | | use of goods produced or
services provided within the State; | 23 | | (ii) a notice of intention to negotiate
for the acquisition of | 24 | | such public transportation equipment is published in
a | 25 | | newspaper of general circulation within the City of Chicago | 26 | | inviting
proposals from qualified vendors; and (iii) any |
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| 1 | | contract with respect to
such acquisition is authorized by a | 2 | | vote of 2/3 of the then Directors of
the Service Board making | 3 | | the acquisition. The requirements set forth
in this Section | 4 | | shall not apply to purchase of service
agreements or other
| 5 | | contracts, purchases or sales entered into by the Authority | 6 | | with any
transportation agency or unit of local government.
| 7 | | (b) (1) In connection with two-phase design/build | 8 | | selection procedures
authorized in this Section, a Service | 9 | | Board may authorize, by
the affirmative vote of two-thirds of | 10 | | the then members of the
Service Board, the use of competitive | 11 | | selection and the prequalification of
responsible bidders | 12 | | consistent with applicable federal regulations and this
| 13 | | subsection (b).
| 14 | | (2) Two-phase design/build selection procedures shall | 15 | | consist of the
following:
| 16 | | (i) A Service Board shall develop, through | 17 | | licensed
architects or licensed engineers, a scope of | 18 | | work statement for inclusion in
the solicitation for | 19 | | phase-one proposals that defines the project and | 20 | | provides
prospective offerors with sufficient | 21 | | information regarding the
Service Board's | 22 | | requirements. The statement shall include criteria and
| 23 | | preliminary design, and general budget parameters and | 24 | | general schedule or
delivery requirements
to enable | 25 | | the offerors to submit proposals which meet the
Service | 26 | | Board's needs.
When the two-phase design/build |
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| 1 | | selection procedure is used and the
Service Board | 2 | | contracts for development of the scope of work | 3 | | statement, the
Service Board shall contract for | 4 | | architectural or engineering
services as defined by | 5 | | and in accordance with the Architectural, Engineering,
| 6 | | and Land Surveying Qualifications Based Selection Act | 7 | | and all applicable
licensing statutes.
| 8 | | (ii) The evaluation factors to be used in | 9 | | evaluating phase-one proposals
must be stated in the | 10 | | solicitation and must include specialized experience | 11 | | and
technical competence, capability to perform, past | 12 | | performance of the offeror's
team (including the | 13 | | architect-engineer and construction members of the | 14 | | team)
and other appropriate technical and | 15 | | qualifications factors. Each solicitation
must | 16 | | establish the relative importance assigned to the | 17 | | evaluation factors and
the subfactors that must be | 18 | | considered in the evaluation of phase-one proposals
on | 19 | | the basis of the evaluation factors set forth in the | 20 | | solicitation. Each
design/build team must include a | 21 | | licensed design professional independent from
the | 22 | | Service Board's licensed architect or engineer and a
| 23 | | licensed design professional must be named in the | 24 | | phase-one proposals submitted
to the
Service Board.
| 25 | | (iii) On the basis of the phase-one proposal the | 26 | | Service
Board shall select as the most highly qualified |
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| 1 | | the number of offerors
specified in the solicitation | 2 | | and request the selected offerors to submit
phase-two | 3 | | competitive proposals and cost or price information. | 4 | | Each
solicitation must establish the relative | 5 | | importance assigned to the evaluation
factors and the | 6 | | subfactors that must be considered in the evaluation of
| 7 | | phase-two proposals on the basis of the evaluation | 8 | | factors set forth in the
solicitation. A Service Board | 9 | | may negotiate with the selected
design/build team | 10 | | after award but prior to contract execution for the | 11 | | purpose
of securing better terms than originally | 12 | | proposed, provided the salient
features of the | 13 | | design/build solicitation are not diminished. Each | 14 | | phase-two
solicitation evaluates separately (A) the | 15 | | technical submission for the
proposal, including | 16 | | design concepts or proposed solutions to requirements
| 17 | | addressed within the scope of work, and (B) the | 18 | | evaluation factors and
subfactors, including cost or | 19 | | price, that must be considered in the evaluations
of | 20 | | proposals.
| 21 | | (iv) A design/build solicitation issued under the | 22 | | procedures in this
subsection (b) shall state the | 23 | | maximum number of offerors that are to be
selected to | 24 | | submit competitive phase-two proposals. The maximum | 25 | | number
specified in the solicitation shall not exceed 5 | 26 | | unless the
Service Board with respect to an individual |
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| 1 | | solicitation determines that a
specified number | 2 | | greater than 5 is in the best interest of the
Service | 3 | | Board and is consistent with the purposes and | 4 | | objectives of the
two-phase design/build selection | 5 | | process.
| 6 | | (v) All designs submitted as part of the two-phase | 7 | | selection process and
not selected shall be | 8 | | proprietary to the preparers.
| 9 | | (Source: P.A. 89-664, eff. 8-14-96.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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