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4 | 4 | | |
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5 | 5 | | 2023 -- H 6001 |
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6 | 6 | | ======== |
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7 | 7 | | LC002390 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND PUBLIC |
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16 | 16 | | TRANSIT AUTHORITY |
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17 | 17 | | Introduced By: Representatives O'Brien, Kazarian, Casimiro, McEntee, Craven, |
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18 | 18 | | Caldwell, Dawson, Serpa, Bennett, and Diaz |
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19 | 19 | | Date Introduced: March 01, 2023 |
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20 | 20 | | Referred To: House Finance |
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21 | 21 | | (RIPTA) |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Sections 39-18-1, 39-18-3 and 39-18-7 of the General Laws in Chapter 39-1 |
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25 | 25 | | 18 entitled "Rhode Island Public Transit Authority" are hereby amended to read as follows: 2 |
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26 | 26 | | 39-18-1. Definitions. 3 |
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27 | 27 | | As used in this chapter, the following words and terms shall have the following meanings 4 |
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28 | 28 | | unless the context shall indicate another or different meaning: 5 |
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29 | 29 | | (1) “Authority” means the Rhode Island public transit authority created by § 39-18-2, or, 6 |
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30 | 30 | | if the authority shall be abolished, the board, body, or commission succeeding to the principal 7 |
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31 | 31 | | functions thereof, or upon whom the powers of the authority given by this chapter shall be given 8 |
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32 | 32 | | by law. 9 |
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33 | 33 | | (2) “Bonds” means bonds, notes, or other evidences of indebtedness, including temporary 10 |
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34 | 34 | | notes of the authority issued in anticipation of revenues to be received by the authority or in 11 |
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35 | 35 | | anticipation of the receipt of federal, state, or local grants or other aid. 12 |
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36 | 36 | | (3) “Dorrance street transit center project” means a transit property proposed by the 13 |
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37 | 37 | | authority to be developed on Dorrance street in the city of Providence that is expected to include 14 |
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38 | 38 | | an enclosed intermodal transit center, indoor parking, and authority administrative space, adjacent 15 |
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39 | 39 | | and/or integrated transit-oriented development, and related infrastructure. 16 |
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40 | 40 | | (3)(4) “Municipality” means any town, city, or subdivision thereof. 17 |
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41 | 41 | | (4)(5) “Transit property” means and includes any property, whether real or personal, and 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC002390 - Page 2 of 9 |
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45 | 45 | | any apparatus and equipment used or useful in the operation of a motor bus, water, or rail passenger 1 |
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46 | 46 | | transportation line or system, and includes any rights or franchises to operate any passenger 2 |
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47 | 47 | | transportation line or system, but it does not include other property or assets. 3 |
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48 | 48 | | 39-18-3. Purposes of the authority. 4 |
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49 | 49 | | (a) It shall be the purposes of the authority to: 5 |
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50 | 50 | | (1) Provide public transit services that meet mobility needs of the people of the state, 6 |
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51 | 51 | | including the elderly and disabled; 7 |
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52 | 52 | | (2) Increase access to employment opportunities; 8 |
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53 | 53 | | (3) Connect different modes of public transportation, including rail, air, and water services; 9 |
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54 | 54 | | (4) Promote community design that features public transit services as defining elements of 10 |
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55 | 55 | | a community; 11 |
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56 | 56 | | (5) Facilitate energy conservation and efficient energy use in the transportation sector by 12 |
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57 | 57 | | providing public transit services; and 13 |
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58 | 58 | | (6) Mitigate traffic congestion and enhance air quality.; and 14 |
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59 | 59 | | (7) Facilitate transit-oriented development in support of the development of transit 15 |
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60 | 60 | | properties. 16 |
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61 | 61 | | (b) It shall further be the purpose of the authority to own and operate a mass motor bus, 17 |
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62 | 62 | | water, or rail passenger transportation system and to manage, to coordinate, and to perform vehicle 18 |
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63 | 63 | | maintenance for a state paratransit system. Whenever any operator of a mass motor bus, water, or 19 |
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64 | 64 | | rail passenger transportation system files with the public utilities administrator a petition to 20 |
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65 | 65 | | discontinue any service, it is the purpose and function of the authority to determine if it is in the 21 |
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66 | 66 | | public interest to discontinue that service. If it is determined that it is not in the public interest to 22 |
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67 | 67 | | discontinue that service, the authority is authorized and empowered to acquire all or any part of the 23 |
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68 | 68 | | transit property, or any interest therein, of the system. 24 |
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69 | 69 | | 39-18-7. Bonds. 25 |
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70 | 70 | | (a)(1) The authority is hereby authorized to provide, by resolution, for the issuance at one 26 |
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71 | 71 | | time, or from time to time, of bonds of the authority for any of its purposes. The bonds may be 27 |
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72 | 72 | | general obligations of the authority or special obligations payable only from particular funds. The 28 |
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73 | 73 | | bonds of each issue shall be dated, shall bear interest at such rate or rates as may be determined by 29 |
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74 | 74 | | the authority, and shall mature at such time or times not exceeding thirty (30) years from their date 30 |
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75 | 75 | | or dates as may be determined by the authority, and may be made redeemable before maturity, at 31 |
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76 | 76 | | the option of the authority, at such price or prices and under such terms and conditions as may be 32 |
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77 | 77 | | fixed by the authority prior to the issuance of the bonds. Temporary notes of the authority may be 33 |
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78 | 78 | | issued and refunded from time to time in anticipation of revenues to be received by the authority 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC002390 - Page 3 of 9 |
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82 | 82 | | or in anticipation of the receipt of federal, state, or local grants or other aid. Temporary notes shall 1 |
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83 | 83 | | mature no later than thirteen (13) months from their respective dates or six (6) months after the 2 |
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84 | 84 | | expected date of receipt of the grants or aid, whichever shall be later, and may be renewed from 3 |
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85 | 85 | | time to time in anticipation of the receipt of additional federal, state, or local grants or other aid. 4 |
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86 | 86 | | Temporary notes shall be in an amount not exceeding the limitations imposed by the last paragraph 5 |
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87 | 87 | | of this section. The authority shall determine the form of the bonds, including any interest coupons 6 |
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88 | 88 | | to be attached thereto, and shall fix the denomination or denominations of the bonds and the place 7 |
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89 | 89 | | or places of payment of the principal and interest which may be at any bank or trust company within 8 |
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90 | 90 | | or without the state. The bonds shall be signed by the chairperson of the authority or shall bear his 9 |
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91 | 91 | | or her facsimile signature, and the official seal of the authority, or a facsimile thereof, shall be 10 |
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92 | 92 | | impressed or imprinted thereupon and attested by the secretary of the authority, and any coupons 11 |
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93 | 93 | | attached to the bonds shall bear the facsimile signature of the chairperson of the authority. In case 12 |
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94 | 94 | | any officer whose signature or facsimile of whose signature shall appear on any bonds or coupons 13 |
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95 | 95 | | shall cease to be the officer before the delivery of the bonds, the signature or the facsimile shall, 14 |
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96 | 96 | | nevertheless, be valid and sufficient for all purposes the same as if he or she had remained in office 15 |
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97 | 97 | | until delivery. The bonds may be issued in coupon or in registered form, or both, as the authority 16 |
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98 | 98 | | may determine, and provision may be made for the registration of any coupon bonds as to principal 17 |
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99 | 99 | | alone, and also as to both principal and interest, for the reconversion into coupon bonds of any 18 |
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100 | 100 | | bonds registered as to both principal and interest, and for the interchange of registered and coupon 19 |
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101 | 101 | | bonds. The authority may sell such bonds in such manner either at public or private sale and for the 20 |
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102 | 102 | | price as it may determine will best effect the purposes of this chapter. 21 |
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103 | 103 | | (2) Bonds, temporary notes or other obligations of the authority issued for supported transit 22 |
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104 | 104 | | projects (including any bonds issued to refinance or refund such bonds) may be authorized pursuant 23 |
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105 | 105 | | to subsection (a)(1) of this section; provided, however, such bonds shall mature at such time or 24 |
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106 | 106 | | times not exceeding forty (40) years from their date or dates as may be determined by the authority; 25 |
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107 | 107 | | and provided further, temporary notes or other short term obligations of the authority issued for 26 |
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108 | 108 | | supported transit projects in anticipation of revenues to be received by the authority or in 27 |
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109 | 109 | | anticipation of the receipt of federal, state, or local grants, loans or other aid shall be entitled to a 28 |
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110 | 110 | | maturity extending to the maximum period of time within which federal or state grant or loan 29 |
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111 | 111 | | proceeds may be payable under such applicable federal or state programs, and shall not be subject 30 |
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112 | 112 | | to the limitations imposed by subsection (d) of this section In connection with the development and 31 |
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113 | 113 | | financing of a supported transit project, the authority’s powers and duties under this chapter, 32 |
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114 | 114 | | including, without limitation, under §§ 39-18-4 and 39-18-6, shall apply to transit-oriented 33 |
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115 | 115 | | development in the same manner as they apply to transit properties. No bonds, temporary notes or 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC002390 - Page 4 of 9 |
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119 | 119 | | other short term obligations of the authority issued for supported transit projects shall be issued by 1 |
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120 | 120 | | the authority unless, at the time of the adoption by the authority of the resolution authorizing the 2 |
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121 | 121 | | issuance of the bonds, temporary notes or other short term obligations, the authority shall have 3 |
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122 | 122 | | received from the general manager or chief financial officer of the authority a certificate which 4 |
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123 | 123 | | shall describe with reasonable particularity the scope of the supported transit project, including the 5 |
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124 | 124 | | elements thereof, calculations of principal and interest payments and of anticipated revenues, 6 |
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125 | 125 | | including federal, state, or local grants or other aid and the terms thereof, and anticipated 7 |
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126 | 126 | | expenditures relating thereto. A copy of the certificate shall be furnished to the governor prior to 8 |
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127 | 127 | | the issuance of the bonds, temporary notes or other short term obligations described in the 9 |
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128 | 128 | | certificate. 10 |
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129 | 129 | | (b) The proceeds of the bonds of each issue shall be disbursed in the manner and under 11 |
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130 | 130 | | restrictions, if any, as the authority may provide in the resolution authorizing the issuance of the 12 |
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131 | 131 | | bonds or in the trust agreement described in § 39-18-8 securing the bonds. 13 |
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132 | 132 | | (c) Prior to the preparation of definitive bonds, the authority may, under like restrictions, 14 |
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133 | 133 | | issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive 15 |
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134 | 134 | | bonds when the bonds shall have been executed and are available for delivery. The authority may 16 |
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135 | 135 | | also provide for the replacement of any bonds that shall become mutilated or shall be destroyed or 17 |
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136 | 136 | | lost. Except as provided in the following paragraph, bonds may be issued under the provisions of 18 |
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137 | 137 | | this chapter without obtaining the consent of any department, division, commission, board, bureau, 19 |
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138 | 138 | | or agency of the state, and without any other proceedings or the happening of any other conditions 20 |
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139 | 139 | | or things than those proceedings, conditions, or things that are specifically required by this chapter. 21 |
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140 | 140 | | (d) No Except as provided in subsection (a)(2) of this section, no bonds shall be issued by 22 |
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141 | 141 | | the authority unless, at the time of the adoption by the authority of the resolution authorizing the 23 |
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142 | 142 | | issuance of the bonds, the authority shall have received from the general manager or chief financial 24 |
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143 | 143 | | officer of the authority a certificate indicating that the payments of principal (including any 25 |
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144 | 144 | | payments made to a reserve fund other than payments made from bond proceeds) and interest on 26 |
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145 | 145 | | the bonds, together with the payments of the principal and interest on all other then outstanding 27 |
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146 | 146 | | bonds of the authority, will not exceed during any fiscal year of the authority eighty percent (80%) 28 |
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147 | 147 | | of the revenues (including, without limitation, grants and other aid) of the authority during the fiscal 29 |
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148 | 148 | | year. In determining the amount of the principal and interest payments to be made during any fiscal 30 |
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149 | 149 | | year, there shall be deducted any payments to be made from a reserve fund previously established 31 |
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150 | 150 | | to provide for the payments. The certificate shall be based upon the reasonable expectations (both 32 |
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151 | 151 | | as to the amount of revenues to be received by the authority and as to the maximum amount of any 33 |
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152 | 152 | | variable payments to be made on the bonds) of the officer of the authority executing the certificate 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC002390 - Page 5 of 9 |
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156 | 156 | | at the time the certificate is delivered. The certificate shall describe with reasonable particularity 1 |
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157 | 157 | | the calculations of principal and interest payments and of anticipated revenues upon which the 2 |
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158 | 158 | | certificate is based. A copy of the certificate shall be furnished to the governor prior to the issuance 3 |
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159 | 159 | | of the bonds described in the certificate and, in the case of any bonds whose issuance, according to 4 |
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160 | 160 | | the certificate, is expected to result in the aggregate amount of principal and interest payments 5 |
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161 | 161 | | (calculated as above) on the bonds and all then outstanding bonds of the authority exceeding in any 6 |
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162 | 162 | | fiscal year of the authority fifty percent (50%) of the revenues of the authority, the bonds shall not 7 |
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163 | 163 | | be issued unless the governor shall have approved the issuance or not disapproved the issuance 8 |
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164 | 164 | | within thirty (30) days of the receipt of the certificate. Approval or disapproval of any bond issue 9 |
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165 | 165 | | by the governor shall be evidenced by delivery to the authority of a certificate approving or 10 |
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166 | 166 | | disapproving the issue or any part thereof. 11 |
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167 | 167 | | SECTION 2. Chapter 39-18 of the General Laws entitled "Rhode Island Public Transit 12 |
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168 | 168 | | Authority" is hereby amended by adding thereto the following sections: 13 |
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169 | 169 | | 39-18-25. Design build/P3 authorization. 14 |
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170 | 170 | | (a) Definitions. As used in this chapter, unless the context otherwise indicates: 15 |
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171 | 171 | | (1) “Best value” means the highest overall value to the authority, considering quality and 16 |
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172 | 172 | | cost. 17 |
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173 | 173 | | (2) “Design-build contracting” means a method of project delivery where a single private 18 |
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174 | 174 | | entity is contractually responsible to perform design, construction, and related services. 19 |
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175 | 175 | | (3) “Major participant” means any entity that would have a major role in the design and 20 |
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176 | 176 | | construction of a project as specified by the authority in the request for proposals. 21 |
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177 | 177 | | (4) “Private entity” means any corporation, general partnership, limited liability company, 22 |
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178 | 178 | | limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity or 23 |
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179 | 179 | | other business entity. 24 |
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180 | 180 | | (5) “Progressive design-build contracting” means a method of project delivery where a 25 |
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181 | 181 | | private entity performs design, construction and related services for the authority in a phased 26 |
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182 | 182 | | manner, based on a preliminary design that is developed with the authority on a collaborative basis. 27 |
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183 | 183 | | (6) “Project” means a supported transit project or any other capital project, and related 28 |
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184 | 184 | | services by a private entity, including, without limitation, design, financing, construction, 29 |
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185 | 185 | | development, operation, maintenance, management and/or leasing, or any combination of the 30 |
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186 | 186 | | foregoing, procured by the authority under this section (including without limitation the Dorrance 31 |
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187 | 187 | | street transit center project). 32 |
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188 | 188 | | (7) “Proposal” means a proposal by the proposer in connection with a project, in 33 |
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189 | 189 | | accordance with the requirements of a request-for-proposals that, after review, evaluation, 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC002390 - Page 6 of 9 |
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193 | 193 | | negotiation and documentation may lead to an agreement with the authority. 1 |
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194 | 194 | | (8) “Proposer” means any private entity that submits a proposal in accordance with the 2 |
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195 | 195 | | requirements of a request-for-proposals. 3 |
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196 | 196 | | (9) “Public-private partnership” or “P3” means an alternative project delivery mechanism 4 |
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197 | 197 | | that may be used by the authority to facilitate a private entity’s participation in a project, including 5 |
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198 | 198 | | in its design, financing, construction, development, operation, maintenance, management, and/or 6 |
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199 | 199 | | leasing (or any combination of the foregoing). 7 |
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200 | 200 | | (10) “P3 agreement” means a contract or other agreement between the authority and a 8 |
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201 | 201 | | private entity to undertake a project as a public-private partnership and that sets forth rights and 9 |
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202 | 202 | | obligations of the authority and the private entity. 10 |
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203 | 203 | | (11) “Quality” means those features that the authority determines are most important to a 11 |
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204 | 204 | | project. Quality criteria may include quality of design, constructability, long-term maintenance 12 |
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205 | 205 | | costs, aesthetics, local impacts, traveler and other user costs, service life, time to construct, and 13 |
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206 | 206 | | other factors that the authority considers to be in the best interests of the authority. 14 |
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207 | 207 | | 39-18-26. Authorization. 15 |
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208 | 208 | | (a) Notwithstanding any other provision of law, the authority may use design-build 16 |
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209 | 209 | | contracting, including progressive design-build contracting, and/or a public-private partnership to 17 |
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210 | 210 | | deliver a project. The authority may evaluate and select proposals on either a best-value or a low-18 |
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211 | 211 | | bid basis. If the scope of work requires substantial engineering judgment, the quality of which may 19 |
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212 | 212 | | vary significantly as determined by the authority, then the basis of award shall be best-value. 20 |
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213 | 213 | | (b) The authority shall identify those projects it believes are candidates for design-build 21 |
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214 | 214 | | contracting, including progressive design-build contracting, or a public-private partnership, 22 |
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215 | 215 | | including, without limitation, those involving extraordinary circumstances, such as emergency 23 |
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216 | 216 | | work, unscheduled projects, or funding shortfalls. 24 |
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217 | 217 | | (c) The authority retains the authority to terminate the procurement process at any time, to 25 |
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218 | 218 | | reject any proposal, to waive technicalities, or to advertise for new proposals if the authority 26 |
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219 | 219 | | determines that it is in the best interests of the state. 27 |
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220 | 220 | | 39-18-27. Prequalification. 28 |
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221 | 221 | | (a) The authority may require that entities be prequalified to submit proposals with respect 29 |
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222 | 222 | | to a project. If the authority requires prequalification, it shall; 30 |
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223 | 223 | | (1) Give public notice requesting qualifications from interested private entities 31 |
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224 | 224 | | electronically through the authority’s publicly accessible website or through advertisements in 32 |
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225 | 225 | | newspapers; and 33 |
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226 | 226 | | (2) Make available a request-for-qualifications package to all private entities requesting 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC002390 - Page 7 of 9 |
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230 | 230 | | one in accordance with the notice. The authority may alternatively make any such request-for-1 |
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231 | 231 | | qualifications package available to all interested private entities electronically through the 2 |
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232 | 232 | | authority’s publicly accessible website. 3 |
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233 | 233 | | (b) Interested private entities shall supply for themselves, and for all major participants, all 4 |
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234 | 234 | | information required by the authority under any such request-for-qualifications. The authority may 5 |
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235 | 235 | | investigate and verify all information received. All financial information, trade secrets, or other 6 |
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236 | 236 | | information customarily regarded as confidential business information submitted to the authority 7 |
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237 | 237 | | shall be confidential. 8 |
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238 | 238 | | (c) The authority shall evaluate and rate all private entities submitting a conforming 9 |
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239 | 239 | | statement of qualifications in response to a request-for-qualifications and select the most qualified 10 |
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240 | 240 | | private entities to receive a request-for-proposals. The authority may select any number of private 11 |
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241 | 241 | | entities, except that if the authority fails to prequalify at least two (2) private entities, the authority 12 |
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242 | 242 | | shall readvertise, or cancel, the project procurement. 13 |
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243 | 243 | | 39-18-28. Request for proposals. 14 |
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244 | 244 | | The authority may issue a request-for-proposals with respect to a project, which shall set 15 |
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245 | 245 | | forth the scope of work, design parameters, construction requirements, time constraints, and all 16 |
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246 | 246 | | other requirements that have a substantial impact on the cost or quality of a project and the project 17 |
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247 | 247 | | development process, as determined by the authority. The authority need not issue a request-for-18 |
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248 | 248 | | qualifications prior to issuing a request-for-proposals. The request-for-proposals shall include the 19 |
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249 | 249 | | criteria for conforming proposals. For projects to be awarded on a best-value basis, the scoring 20 |
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250 | 250 | | process and quality criteria must also be contained in the request-for-proposals. In the authority’s 21 |
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251 | 251 | | discretion, the request-for-proposals may provide for a process, including the establishment of a 22 |
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252 | 252 | | committee to review proposals, for the authority to review conceptual technical elements of each 23 |
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253 | 253 | | proposal before full proposal submittal for the purposes of identifying defects that would cause 24 |
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254 | 254 | | rejection of the proposal as nonresponsive. All such conceptual submittals and responses shall be 25 |
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255 | 255 | | confidential until execution of the relevant contract, or the cancellation of the procurement. The 26 |
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256 | 256 | | request-for-proposals may also provide for a stipend upon specified terms to unsuccessful 27 |
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257 | 257 | | proposers that submit proposals conforming to all request-for-proposal requirements. 28 |
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258 | 258 | | 39-18-29. Low-bid award. 29 |
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259 | 259 | | If the basis of the award of responsive proposals is low-bid, then each proposal, including 30 |
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260 | 260 | | the price or prices, shall be sealed by the proposer and submitted to the authority as one complete 31 |
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261 | 261 | | package. The authority shall award the design-build contract to the proposer that submits a 32 |
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262 | 262 | | responsive proposal with the lowest cost, if the proposal meets all request-for-proposals 33 |
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263 | 263 | | requirements. 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC002390 - Page 8 of 9 |
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267 | 267 | | 39-18-30. Best-value award. 1 |
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268 | 268 | | (a) If the basis of the award of responsive proposals is best-value, then each proposal shall 2 |
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269 | 269 | | be submitted by the proposer to the authority in two (2) separate components: a sealed technical 3 |
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270 | 270 | | proposal and a sealed price proposal. These two (2) components shall be submitted simultaneously. 4 |
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271 | 271 | | The authority shall first open, evaluate, and score each responsive technical proposal, based on the 5 |
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272 | 272 | | quality criteria contained in the request-for-proposals. The request-for-proposals may provide that 6 |
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273 | 273 | | the range between the highest and lowest quality scores of responsive technical proposals must be 7 |
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274 | 274 | | limited to an amount certain. During this evaluation process, the price proposals shall remain 8 |
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275 | 275 | | sealed, and all technical proposals shall be confidential. 9 |
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276 | 276 | | (b) After completion of the evaluation of the technical proposals, the authority shall open 10 |
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277 | 277 | | and review each price proposal. The authority shall develop a system for assessing the cost and 11 |
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278 | 278 | | quality criteria. The authority shall award the contract to the proposer with the proposal 12 |
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279 | 279 | | representing the best value to the authority. 13 |
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280 | 280 | | SECTION 3. This act shall take effect upon passage, and shall apply with respect to any 14 |
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281 | 281 | | contract entered into by the authority after such effective date. 15 |
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282 | 282 | | 16 |
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287 | 287 | | |
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288 | 288 | | LC002390 - Page 9 of 9 |
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289 | 289 | | EXPLANATION |
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290 | 290 | | BY THE LEGISLATIVE COUNCIL |
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291 | 291 | | OF |
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292 | 292 | | A N A C T |
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293 | 293 | | RELATING TO PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND PUBLIC |
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294 | 294 | | TRANSIT AUTHORITY |
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295 | 295 | | *** |
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296 | 296 | | This act would authorize the Rhode Island public transit authority to enter into certain 1 |
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297 | 297 | | projects and procure related services including the Dorrance street transit center, using design build 2 |
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298 | 298 | | contracting and progressive design build contracting. 3 |
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299 | 299 | | This act would take effect upon passage, and would apply with respect to any contract 4 |
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300 | 300 | | entered into by the authority after such effective date. 5 |
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