Illinois General Assembly - Full Text of SB0263
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Full Text of SB0263  100th General Assembly

SB0263sam003 100TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 3/31/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 263

2    AMENDMENT NO. ______. Amend Senate Bill 263 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1becoming prequalified to bid on or make proposals for
2Department contracts. The committee shall, in addition to
3Department staff, be constituted with membership representing
4the construction industry and minority-owned and women-owned
5contractors. The committee shall complete its work and make
6recommendations for any changes to the rules for
7prequalification to the Secretary of Transportation within 180
8days after the effective date of this amendatory Act of the
996th General Assembly.
10    (b) The Department, in conjunction with the Capital
11Development Board, shall hold 2 public hearings to determine
12whether a more effective, efficient, and less burdensome method
13exists to prequalify an architect, engineer, or contractor. The
14hearings shall also specifically determine how the Department
15can obtain greater participation in the bidding process of
16small contractors and minority, female, disabled, and veteran
17architects, engineers, and contractors. The Department and the
18Capital Development Board shall collect data to review at the
19hearings, which shall include, but is not limited to,
20percentages and the number of minority, female, disabled, and
21veteran employees who are hired for each trade necessary for
22each project. The Department and the Capital Development Board
23shall issue their joint findings and recommendations to the
24Governor and the General Assembly no later than January 1,
252018.
26(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793

 

 

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1for the effective date of P.A. 96-795).)
 
2    (20 ILCS 2705/2705-607 new)
3    Sec. 2705-607. Performance evaluation; contractor.
4    (a) For purposes of this Section, "Performance Factor"
5means a numerical value determined by the contractor's
6performance evaluation in a work category during the previous
7year.
8    (b) At the close of each construction season, the
9Department, other State agencies or authorities using
10contractors based on the prequalification standards of the
11Department, and officials of a unit of local government
12administering a contract approved for award by the Department,
13shall evaluate each contractor who performed work for them
14during the previous year as either a prime contractor or a
15subcontractor. The information shall be submitted on the
16Contractor's Annual Performance Report and shall be subject to
17disclosure under the Freedom of Information Act. The
18performance evaluation shall be based upon:
19        (1) the quality of work performed for each work
20    category under 44 Ill. Admin. Code 650; and
21        (2) the overall execution of work measured by:
22            (A) organization and prosecution of work;
23            (B) cooperation with public agency personnel
24        responsible for contract administration and
25        inspection;

 

 

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1            (C) traffic control and site protection under
2        contract requirements;
3            (D) compliance with the Equal Employment
4        Opportunity program and labor requirements;
5            (E) erosion control; and
6            (F) the contractor's ability to meet the Quality
7        Control plan and Quality Assurance plan under contract
8        requirements for materials production and construction
9        quality control.
10    (c) The performance evaluation scale is a rating from 0 to
118 in accordance with the following definitions:
12        (1) "8" means excellent;
13        (2) "7" means good;
14        (3) "6" means satisfactory;
15        (4) "3" means marginal; and
16        (5) "0" means poor.
17    (d) The quality and evaluating categories under execution
18of work are rated as follows:
19        (1) to determine the contractor's quality of
20    performance, the Department shall consider the project's
21    durability and appearance, knowledge of supervisory
22    personnel, and compliance with contract requirements and
23    shall evaluate the performance based on the following
24    scale:
25            (A) if the contractor exceeded project
26        requirements in all areas considered, he or she shall

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1years. A work rating shall be subject to denial or revocation
2if the summation of all weighted performance evaluation values
3for a work rating category is less than 3 for one year.
4    (g) The Department shall evaluate performance on any
5individual contract or group of contracts for purposes of
6determining the current responsibility of a contractor when the
7Engineer of Construction has determined that performance on any
8contract or contracts may not be acceptable and that an
9immediate evaluation is necessary to assess the responsibility
10of a contractor in order to protect the interests of the State
11in sound procurement practices. If the evaluation ordered by
12the Engineer of Construction results in the quality of work or
13the average overall execution of work ratings being rated at
14less than 3, the work ratings shall be revoked.
15    (h) If a contractor receives a Quality of Work Rating of 0
16for any work category being evaluated on any one contract, the
17work rating shall be revoked.
18    (i) The Department shall notify the contractor of the
19performance evaluation in writing within 14 days of completion
20of the evaluation with a detailed explanation of any
21substandard items. If a performance evaluation results in a
22denied, reduced, or revoked work rating, the contractor may
23proceed with the review procedures under 44 Ill. Admin. Code
24650.150.
25    (j) If an applicant did not have a contract with the
26Department in the previous year, the last evaluation issued

 

 

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1within a 5-year period shall be used. If an applicant has not
2had an evaluation in the last 5 years or is applying for an
3initial rating in a category and lists no public agencies or
4private customers as references, a Performance Factor of "1"
5shall be used until an actual evaluation is made.
6    (k) As a component of the Auditor's General biennial
7compliance examination of the Department, the Auditor General
8shall review the Department's compliance with the requirements
9under this Section. Upon completion of the examination and
10release of the results to the Department, the Auditor General
11shall publish the results on its website.
 
12    Section 10. The Criminal Code of 2012 is amended by adding
13Section 33E-15.5 as follows:
 
14    (720 ILCS 5/33E-15.5 new)
15    Sec. 33E-15.5. Manipulation of work ratings.
16    (a) Any person who knowingly manipulates a work rating
17factor for a contractor or subcontractor under Section 2705-907
18of the Department of Transportation Law of the Civil
19Administrative Code of Illinois that results in a rating
20disqualifying or qualifying a contractor or subcontractor who
21would have been otherwise qualified or disqualified commits
22manipulation of work ratings. A charge of manipulation of work
23ratings under this Section shall be investigated by the
24Department of Transportation Division of Internal

 

 

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1Investigation.
2    (b) Sentence. Manipulation of work ratings is a Class 4
3felony.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".