Bill Text: IL SB0263 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Broadband Access on Passenger Rail Law. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2017-07-06 - Rule 19(a) / Re-referred to Rules Committee [SB0263 Detail]

Download: Illinois-2017-SB0263-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 2705-595 and by adding Section 2705-607 as follows:
7 (20 ILCS 2705/2705-595)
8 Sec. 2705-595. Prequalification of minority-owned and
9women-owned contractors.
10 (a) The Department shall, within 30 days after the
11effective date of this amendatory Act of the 96th General
12Assembly, establish a committee to review the rules for
13prequalification of contractors adopted by the Department at 44
14Illinois Administrative Code 650. The purpose of the review is
15to determine whether the rules for prequalification operate as
16a barrier to minority-owned and women-owned contractors
17becoming prequalified to bid on or make proposals for
18Department contracts. The committee shall, in addition to
19Department staff, be constituted with membership representing
20the construction industry and minority-owned and women-owned
21contractors. The committee shall complete its work and make
22recommendations for any changes to the rules for
23prequalification to the Secretary of Transportation within 180

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1days after the effective date of this amendatory Act of the
296th General Assembly.
3 (b) The Department, in conjunction with the Capital
4Development Board, shall hold 2 public hearings to determine
5whether a more effective, efficient, and less burdensome method
6exists to prequalify an architect, engineer, or contractor. The
7hearings shall also specifically determine how the Department
8can obtain greater participation in the bidding process of
9small contractors and minority, female, disabled, and veteran
10architects, engineers, and contractors. The Department and the
11Capital Development Board shall collect data to review at the
12hearings, which shall include, but is not limited to,
13percentages and the number of minority, female, disabled, and
14veteran employees who are hired for each trade necessary for
15each project. The Department and the Capital Development Board
16shall issue their joint findings and recommendations to the
17Governor and the General Assembly no later than January 1,
182018.
19(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
20for the effective date of P.A. 96-795).)
21 (20 ILCS 2705/2705-607 new)
22 Sec. 2705-607. Performance evaluation; contractor.
23 (a) For purposes of this Section, "Performance Factor"
24means a numerical value determined by the contractor's
25performance evaluation in a work category during the previous

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1year.
2 (b) At the close of each construction season, the
3Department, other State agencies or authorities using
4contractors based on the prequalification standards of the
5Department, and officials of a unit of local government
6administering a contract approved for award by the Department,
7shall evaluate each contractor who performed work for them
8during the previous year as either a prime contractor or a
9subcontractor. The information shall be submitted on the
10Contractor's Annual Performance Report and shall be subject to
11disclosure under the Freedom of Information Act. The
12performance evaluation shall be based upon:
13 (1) the quality of work performed for each work
14 category under 44 Ill. Admin. Code 650; and
15 (2) the overall execution of work measured by:
16 (A) organization and prosecution of work;
17 (B) cooperation with public agency personnel
18 responsible for contract administration and
19 inspection;
20 (C) traffic control and site protection under
21 contract requirements;
22 (D) compliance with the Equal Employment
23 Opportunity program and labor requirements;
24 (E) erosion control; and
25 (F) the contractor's ability to meet the Quality
26 Control plan and Quality Assurance plan under contract

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1 requirements for materials production and construction
2 quality control.
3 (c) The performance evaluation scale is a rating from 0 to
48 in accordance with the following definitions:
5 (1) "8" means excellent;
6 (2) "7" means good;
7 (3) "6" means satisfactory;
8 (4) "3" means marginal; and
9 (5) "0" means poor.
10 (d) The quality and evaluating categories under execution
11of work are rated as follows:
12 (1) to determine the contractor's quality of
13 performance, the Department shall consider the project's
14 durability and appearance, knowledge of supervisory
15 personnel, and compliance with contract requirements and
16 shall evaluate the performance based on the following
17 scale:
18 (A) if the contractor exceeded project
19 requirements in all areas considered, he or she shall
20 receive an 8;
21 (B) if the contractor exceeded project
22 requirements in a majority of areas considered, he or
23 she shall receive a 7;
24 (C) if the contractor met project requirements in
25 all areas considered, he or she shall receive a 6;
26 (D) if the contractor did not meet project

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1 requirements in one area considered, he or she shall
2 receive a 3; and
3 (E) if the contractor did not meet project
4 requirements in 2 or more areas considered, he or she
5 shall receive a 0;
6 (2) to determine the contractor's organization and
7 prosecution, the Department shall consider the
8 contractor's ability to diligently prosecute work by
9 planning and scheduling labor, materials, and the work of
10 subcontractors on the project site and shall evaluate the
11 organization and prosecution based on the following scale:
12 (A) if the contractor exceeded project
13 requirements in all areas considered and completed the
14 project well ahead of schedule, he or she shall receive
15 an 8;
16 (B) if the contractor exceeded project
17 requirements in a majority of areas considered and the
18 project was completed slightly ahead of schedule, he or
19 she shall receive a 7;
20 (C) if the contractor met project requirements in
21 all areas considered and the scheduled completion date
22 was met, he or she shall receive a 6;
23 (D) if the contractor did not meet project
24 requirements in one area considered and occasionally
25 did not work when conditions permitted and the
26 scheduled completion date was met, he or she shall

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1 receive a 3; and
2 (E) if the contractor did not meet project
3 requirements in 2 or more areas considered and the
4 scheduled completion date was not met, he or she shall
5 receive a 0;
6 (3) to determine the contractor's cooperation, the
7 Department shall consider the contractor's willingness to
8 negotiate contract disputes, to respond to reasonable
9 requests by the resident engineer, and to respond to
10 various correspondence from the Department and shall
11 evaluate the cooperation based on the following scale:
12 (A) if the contractor exceeded project
13 requirements in all areas considered, he or she shall
14 receive an 8;
15 (B) if the contractor exceeded project
16 requirements in a majority of areas considered, he or
17 she shall receive a 7;
18 (C) if the contractor met project requirements in
19 all areas considered, he or she shall receive a 6;
20 (D) if the contractor did not meet project
21 requirements in one area considered, he or she shall
22 receive a 3; and
23 (E) if the contractor did not meet project
24 requirements in 2 or more areas considered, he or she
25 shall receive a 0;
26 (4) to determine the project's traffic control and site

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1 protection, the Department shall consider the appearance
2 of traffic control devices, the response to repair
3 deficient devices, and the contractor's willingness to
4 comply with the Traffic Control Plan and shall evaluate
5 based on the following scale:
6 (A) if the contractor exceeded project
7 requirements in all areas considered, he or she shall
8 receive an 8;
9 (B) if the contractor exceeded project
10 requirements in a majority of areas considered, he or
11 she shall receive a 7;
12 (C) if the contractor met project requirements in
13 all areas considered, he or she shall receive a 6;
14 (D) if the contractor did not meet project
15 requirements in one area considered, he or she shall
16 receive a 3; and
17 (E) if the contractor did not meet project
18 requirements in 2 or more areas considered or the
19 contractor committed an act or omission which
20 seriously compromised the safety of the public, he or
21 she shall receive a 0;
22 (5) to determine the contractor's compliance with the
23 Equal Employment Opportunity program and labor
24 requirements, the Department shall evaluate the compliance
25 based on the following scale:
26 (A) if the contractor exceeded project

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1 requirements, he or she shall receive an 8;
2 (B) if the contractor met project requirements
3 through extraordinary effort and initiative, he or she
4 shall receive a 7;
5 (C) if the contractor met project requirements
6 with minimum effort and initiative, he or she shall
7 receive a 6;
8 (D) if the contractor met project requirements,
9 but had to be motivated by Department personnel, he or
10 she shall receive a 3; and
11 (E) if the contractor did not meet project
12 requirements, he or she shall receive a 0;
13 (6) to determine the project's erosion control, the
14 Department shall consider the contractor's compliance with
15 the project's erosion control plan and all pertinent
16 federal and State laws, permits, rules, and regulations and
17 shall evaluate based on the following scale:
18 (A) if the contractor exceeded project
19 requirements, he or she shall receive an 8;
20 (B) if the contractor exceeded project
21 requirements in a majority of the areas, he or she
22 shall receive a 7;
23 (C) if the contractor met project requirements in
24 all areas, he or she shall receive a 6;
25 (D) if the contractor did not meet the project
26 requirements in one area considered, he or she shall

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1 receive a 3; and
2 (E) if the contractor did not meet the contract
3 requirements in 2 or more areas, he or she shall
4 receive a 0;
5 (7) to determine the contractor's ability to meet the
6 Quality Control plan and Quality Assurance plan, the
7 Department shall consider the contractor's ability to meet
8 a Quality Control plan and Quality Assurance plan
9 inspection, testing, and documentation requirements, to
10 take control of the product, to take corrective action, and
11 to communicate production and construction issued to
12 Department personnel and shall evaluate based on the
13 following scale:
14 (A) if the contractor exceeded Quality Control
15 plan and Quality Assurance plan requirements in all
16 areas considered, he or she shall receive an 8;
17 (B) if the contractor exceeded Quality Control
18 plan and Quality Assurance plan requirements in a
19 majority of areas considered, he or she shall receive a
20 7;
21 (C) if the contractor met Quality Control plan and
22 Quality Assurance plan requirements in all areas
23 considered, he or she shall receive a 6;
24 (D) if the contractor did not meet Quality Control
25 plan and Quality Assurance plan requirements in one
26 area considered, he or she shall receive a 3; and

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1 (E) if the contractor did not meet Quality Control
2 plan and Quality Assurance plan requirements in 2 or
3 more areas considered, he or she shall receive a 0.
4 (e) The Department shall calculate the Performance Factor
5by first determining the Project Cost Ratio for the relevant
6work category. The Project Cost Ratio is the ratio of the value
7of all contracts being evaluated to the value of all contracts
8performed. The Department shall establish a weighted
9performance evaluation value for each performance evaluation
10completed by determining the product of the Project Cost Ratio,
11the rating for quality given on the relevant performance
12evaluation, and the averaged ratings for the execution given on
13the relevant performance evaluation divided by 6. Finally, the
14Department shall divide the summation of all weighted
15performance evaluation values by 6 to arrive at the Performance
16Factor.
17 (f) A work rating shall be subject to denial or revocation
18if the summation of all weighted performance evaluation values
19for a work rating category is less than 6 for 2 successive
20years. A work rating shall be subject to denial or revocation
21if the summation of all weighted performance evaluation values
22for a work rating category is less than 3 for one year.
23 (g) The Department shall evaluate performance on any
24individual contract or group of contracts for purposes of
25determining the current responsibility of a contractor when the
26Engineer of Construction has determined that performance on any

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1contract or contracts may not be acceptable and that an
2immediate evaluation is necessary to assess the responsibility
3of a contractor in order to protect the interests of the State
4in sound procurement practices. If the evaluation ordered by
5the Engineer of Construction results in the quality of work or
6the average overall execution of work ratings being rated at
7less than 3, the work ratings shall be revoked.
8 (h) If a contractor receives a Quality of Work Rating of 0
9for any work category being evaluated on any one contract, the
10work rating shall be revoked.
11 (i) The Department shall notify the contractor of the
12performance evaluation in writing within 14 days of completion
13of the evaluation with a detailed explanation of any
14substandard items. If a performance evaluation results in a
15denied, reduced, or revoked work rating, the contractor may
16proceed with the review procedures under 44 Ill. Admin. Code
17650.150.
18 (j) If an applicant did not have a contract with the
19Department in the previous year, the last evaluation issued
20within a 5-year period shall be used. If an applicant has not
21had an evaluation in the last 5 years or is applying for an
22initial rating in a category and lists no public agencies or
23private customers as references, a Performance Factor of "1"
24shall be used until an actual evaluation is made.
25 (k) As a component of the Auditor's General biennial
26compliance examination of the Department, the Auditor General

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1shall review the Department's compliance with the requirements
2under this Section. Upon completion of the examination and
3release of the results to the Department, the Auditor General
4shall publish the results on its website.
5 Section 10. The Criminal Code of 2012 is amended by adding
6Section 33E-15.5 as follows:
7 (720 ILCS 5/33E-15.5 new)
8 Sec. 33E-15.5. Manipulation of work ratings.
9 (a) Any person who knowingly manipulates a work rating
10factor for a contractor or subcontractor under Section 2705-907
11of the Department of Transportation Law of the Civil
12Administrative Code of Illinois that results in a rating
13disqualifying or qualifying a contractor or subcontractor who
14would have been otherwise qualified or disqualified commits
15manipulation of work ratings. A charge of manipulation of work
16ratings under this Section shall be investigated by the
17Department of Transportation Division of Internal
18Investigation.
19 (b) Sentence. Manipulation of work ratings is a Class 4
20felony.
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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