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Public Act 098-1156
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| HB5878 Enrolled | LRB098 20294 JLK 55729 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Metropolitan Transit Authority Act is |
amended by changing Section 32 as follows:
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(70 ILCS 3605/32) (from Ch. 111 2/3, par. 332)
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Sec. 32.
The Board shall adopt regulations to insure that |
the
construction or acquisition by the Authority of services or |
public
transportation facilities (other than real estate) |
involving a cost of more
than $40,000 $10,000 and the |
disposition of all property of the Authority shall be
after |
public notice and with public bidding. The regulations may |
provide
for exceptions to the requirements for the issuance and |
sale of bonds or
notes of the Authority, to the acquisition of |
professional or utility
services and to other matters for which |
public bidding is disadvantageous. The
regulations may also |
provide for the use of competitive negotiations or the
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prequalification of responsible bidders consistent with |
applicable federal
regulations. The requirements set forth |
therein shall not apply to
purchase of service agreements or |
other contracts, purchases or sales
entered into by the |
Authority with any transportation agency or unit of
local |
government.
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(Source: P.A. 86-1277.)
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Section 10. The Local Mass Transit District Act is amended |
by adding Section 5.5 as follows:
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(70 ILCS 3610/5.5 new) |
Sec. 5.5. Public bidding. The Board shall adopt regulations |
to ensure that the construction or acquisition by the District |
of services or public transportation facilities (other than |
real estate) involving a cost of more than $40,000 and the |
disposition of all property of the District shall be after |
public notice and with public bidding. The regulations may |
provide for exceptions to the requirements for the issuance and |
sale of bonds or notes of the District, to the acquisition of |
professional or utility services and to other matters for which |
public bidding is disadvantageous. The regulations may also |
provide for the use of competitive negotiations or the |
prequalification of responsible bidders consistent with |
applicable federal regulations. The requirements set forth |
therein shall not apply to purchase of service agreements or |
other contracts, purchases or sales entered into by the |
District with any transportation agency or unit of local |
government.
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Section 15. The Regional Transportation Authority Act is |
amended by changing Section 4.06 as follows:
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(70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
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Sec. 4.06. Public bidding.
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(a) The Board shall adopt regulations to ensure
that the |
construction or acquisition by the Authority or a Service Board
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other than the Chicago Transit Authority of services or public
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transportation facilities (other than real estate) involving a |
cost of more
than $40,000 $10,000 and the disposition of all |
property of the Authority or a
Service Board other than the |
Chicago Transit Authority shall be after
public notice and with |
public bidding. Such regulations may provide for
exceptions to |
such requirements for acquisition of repair parts, |
accessories,
equipment or services previously furnished or |
contracted for; for the
immediate delivery of supplies, |
material or equipment or performance of
service when it is |
determined by the concurrence of two-thirds of the then
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Directors that an emergency requires immediate delivery or |
supply thereof;
for goods or services that are economically |
procurable from only one
source; for contracts for the |
maintenance or servicing of equipment which
are made with the |
manufacturers or authorized service agent of that
equipment |
where the maintenance or servicing can best be performed by the
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manufacturer or authorized service agent or such a contract |
would be
otherwise advantageous to the Authority or a Service |
Board, other
than the Chicago Transit Authority, except that |
the exceptions in this
clause shall not apply to contracts for |
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plumbing, heating, piping,
refrigeration and automatic |
temperature control systems, ventilating and
distribution |
systems for conditioned air, and electrical wiring; for goods
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or services procured from another governmental agency; for |
purchases and
contracts for the use or purchase of data |
processing equipment and data
processing systems software; for |
the acquisition of professional or
utility services; and for |
the acquisition of public transportation
equipment including, |
but not limited to, rolling stock, locomotives and
buses, |
provided that: (i) it is determined by a vote of 2/3 of the |
then
Directors of the Service Board making the acquisition that |
a negotiated
acquisition offers opportunities with respect to |
the cost or financing of
the equipment, its delivery, or the |
performance of a portion of the work
within the State or the |
use of goods produced or
services provided within the State; |
(ii) a notice of intention to negotiate
for the acquisition of |
such public transportation equipment is published in
a |
newspaper of general circulation within the City of Chicago |
inviting
proposals from qualified vendors; and (iii) any |
contract with respect to
such acquisition is authorized by a |
vote of 2/3 of the then Directors of
the Service Board making |
the acquisition. The requirements set forth
in this Section |
shall not apply to purchase of service
agreements or other
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contracts, purchases or sales entered into by the Authority |
with any
transportation agency or unit of local government.
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(b) (1) In connection with two-phase design/build |
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selection procedures
authorized in this Section, a Service |
Board may authorize, by
the affirmative vote of two-thirds of |
the then members of the
Service Board, the use of competitive |
selection and the prequalification of
responsible bidders |
consistent with applicable federal regulations and this
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subsection (b).
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(2) Two-phase design/build selection procedures shall |
consist of the
following:
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(i) A Service Board shall develop, through |
licensed
architects or licensed engineers, a scope of |
work statement for inclusion in
the solicitation for |
phase-one proposals that defines the project and |
provides
prospective offerors with sufficient |
information regarding the
Service Board's |
requirements. The statement shall include criteria and
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preliminary design, and general budget parameters and |
general schedule or
delivery requirements
to enable |
the offerors to submit proposals which meet the
Service |
Board's needs.
When the two-phase design/build |
selection procedure is used and the
Service Board |
contracts for development of the scope of work |
statement, the
Service Board shall contract for |
architectural or engineering
services as defined by |
and in accordance with the Architectural, Engineering,
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and Land Surveying Qualifications Based Selection Act |
and all applicable
licensing statutes.
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(ii) The evaluation factors to be used in |
evaluating phase-one proposals
must be stated in the |
solicitation and must include specialized experience |
and
technical competence, capability to perform, past |
performance of the offeror's
team (including the |
architect-engineer and construction members of the |
team)
and other appropriate technical and |
qualifications factors. Each solicitation
must |
establish the relative importance assigned to the |
evaluation factors and
the subfactors that must be |
considered in the evaluation of phase-one proposals
on |
the basis of the evaluation factors set forth in the |
solicitation. Each
design/build team must include a |
licensed design professional independent from
the |
Service Board's licensed architect or engineer and a
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licensed design professional must be named in the |
phase-one proposals submitted
to the
Service Board.
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(iii) On the basis of the phase-one proposal the |
Service
Board shall select as the most highly qualified |
the number of offerors
specified in the solicitation |
and request the selected offerors to submit
phase-two |
competitive proposals and cost or price information. |
Each
solicitation must establish the relative |
importance assigned to the evaluation
factors and the |
subfactors that must be considered in the evaluation of
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phase-two proposals on the basis of the evaluation |
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factors set forth in the
solicitation. A Service Board |
may negotiate with the selected
design/build team |
after award but prior to contract execution for the |
purpose
of securing better terms than originally |
proposed, provided the salient
features of the |
design/build solicitation are not diminished. Each |
phase-two
solicitation evaluates separately (A) the |
technical submission for the
proposal, including |
design concepts or proposed solutions to requirements
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addressed within the scope of work, and (B) the |
evaluation factors and
subfactors, including cost or |
price, that must be considered in the evaluations
of |
proposals.
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(iv) A design/build solicitation issued under the |
procedures in this
subsection (b) shall state the |
maximum number of offerors that are to be
selected to |
submit competitive phase-two proposals. The maximum |
number
specified in the solicitation shall not exceed 5 |
unless the
Service Board with respect to an individual |
solicitation determines that a
specified number |
greater than 5 is in the best interest of the
Service |
Board and is consistent with the purposes and |
objectives of the
two-phase design/build selection |
process.
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(v) All designs submitted as part of the two-phase |
selection process and
not selected shall be |