Bill Text: IL HB5878 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Soil and Water Conservation Districts Act. Makes a technical change to a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2015-01-09 - Public Act . . . . . . . . . 98-1156 [HB5878 Detail]

Download: Illinois-2013-HB5878-Amended.html

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Rep. Robert Rita

Filed: 3/20/2014

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AMENDMENT TO HOUSE BILL 5878
AMENDMENT NO. ______. Amend House Bill 5878 by replacing
everything after the enacting clause with the following:
"Section 5. The Metropolitan Transit Authority Act is
amended by changing Section 32 as follows:
(70 ILCS 3605/32) (from Ch. 111 2/3, par. 332)
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

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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
Authority with any transportation agency or unit of local
government.
(Source: P.A. 86-1277.)
Section 10. The Local Mass Transit District Act is amended
by adding Section 5.5 as follows:
(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

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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.
Section 15. The Regional Transportation Authority Act is
amended by changing Section 4.06 as follows:
(70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
Sec. 4.06. Public bidding.
(a) The Board shall adopt regulations to ensure that the
construction or acquisition by the Authority or a Service Board
other than the Chicago Transit 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 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
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

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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
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
plumbing, heating, piping, refrigeration and automatic
temperature control systems, ventilating and distribution
systems for conditioned air, and electrical wiring; for goods
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

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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
contracts, purchases or sales entered into by the Authority
with any transportation agency or unit of local government.
(b) (1) In connection with two-phase design/build
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
subsection (b).
(2) Two-phase design/build selection procedures shall
consist of the following:
(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
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

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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,
and Land Surveying Qualifications Based Selection Act
and all applicable licensing statutes.
(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
licensed design professional must be named in the
phase-one proposals submitted to the Service Board.
(iii) On the basis of the phase-one proposal the
Service Board shall select as the most highly qualified

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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
phase-two proposals on the basis of the evaluation
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
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.
(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

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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.
(v) All designs submitted as part of the two-phase
selection process and not selected shall be
proprietary to the preparers.
(Source: P.A. 89-664, eff. 8-14-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.".