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

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

Spectrum: Strong Partisan Bill (Democrat 23-2)

Status: (Failed) 2019-01-09 - Session Sine Die [SB0263 Detail]

Download: Illinois-2017-SB0263-Engrossed.html

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

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days after the effective date of this amendatory Act of the
96th General Assembly.
(b) The Department, in conjunction with the Capital
Development Board, shall hold 2 public hearings to determine
whether a more effective, efficient, and less burdensome method
exists to prequalify an architect, engineer, or contractor. The
hearings shall also specifically determine how the Department
can obtain greater participation in the bidding process of
small contractors and minority, female, disabled, and veteran
architects, engineers, and contractors. The Department and the
Capital Development Board shall collect data to review at the
hearings, which shall include, but is not limited to,
percentages and the number of minority, female, disabled, and
veteran employees who are hired for each trade necessary for
each project. The Department and the Capital Development Board
shall issue their joint findings and recommendations to the
Governor and the General Assembly no later than January 1,
2018.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795).)
(20 ILCS 2705/2705-607 new)
Sec. 2705-607. Performance evaluation; contractor.
(a) For purposes of this Section, "Performance Factor"
means a numerical value determined by the contractor's
performance evaluation in a work category during the previous

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

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

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requirements in one area considered, he or she shall
receive a 3; and
(E) if the contractor did not meet project
requirements in 2 or more areas considered, he or she
shall receive a 0;
(2) to determine the contractor's organization and
prosecution, the Department shall consider the
contractor's ability to diligently prosecute work by
planning and scheduling labor, materials, and the work of
subcontractors on the project site and shall evaluate the
organization and prosecution based on the following scale:
(A) if the contractor exceeded project
requirements in all areas considered and completed the
project well ahead of schedule, he or she shall receive
an 8;
(B) if the contractor exceeded project
requirements in a majority of areas considered and the
project was completed slightly ahead of schedule, he or
she shall receive a 7;
(C) if the contractor met project requirements in
all areas considered and the scheduled completion date
was met, he or she shall receive a 6;
(D) if the contractor did not meet project
requirements in one area considered and occasionally
did not work when conditions permitted and the
scheduled completion date was met, he or she shall

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receive a 3; and
(E) if the contractor did not meet project
requirements in 2 or more areas considered and the
scheduled completion date was not met, he or she shall
receive a 0;
(3) to determine the contractor's cooperation, the
Department shall consider the contractor's willingness to
negotiate contract disputes, to respond to reasonable
requests by the resident engineer, and to respond to
various correspondence from the Department and shall
evaluate the cooperation based on the following scale:
(A) if the contractor exceeded project
requirements in all areas considered, he or she shall
receive an 8;
(B) if the contractor exceeded project
requirements in a majority of areas considered, he or
she shall receive a 7;
(C) if the contractor met project requirements in
all areas considered, he or she shall receive a 6;
(D) if the contractor did not meet project
requirements in one area considered, he or she shall
receive a 3; and
(E) if the contractor did not meet project
requirements in 2 or more areas considered, he or she
shall receive a 0;
(4) to determine the project's traffic control and site

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

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requirements, he or she shall receive an 8;
(B) if the contractor met project requirements
through extraordinary effort and initiative, he or she
shall receive a 7;
(C) if the contractor met project requirements
with minimum effort and initiative, he or she shall
receive a 6;
(D) if the contractor met project requirements,
but had to be motivated by Department personnel, he or
she shall receive a 3; and
(E) if the contractor did not meet project
requirements, he or she shall receive a 0;
(6) to determine the project's erosion control, the
Department shall consider the contractor's compliance with
the project's erosion control plan and all pertinent
federal and State laws, permits, rules, and regulations and
shall evaluate based on the following scale:
(A) if the contractor exceeded project
requirements, he or she shall receive an 8;
(B) if the contractor exceeded project
requirements in a majority of the areas, he or she
shall receive a 7;
(C) if the contractor met project requirements in
all areas, he or she shall receive a 6;
(D) if the contractor did not meet the project
requirements in one area considered, he or she shall

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receive a 3; and
(E) if the contractor did not meet the contract
requirements in 2 or more areas, he or she shall
receive a 0;
(7) to determine the contractor's ability to meet the
Quality Control plan and Quality Assurance plan, the
Department shall consider the contractor's ability to meet
a Quality Control plan and Quality Assurance plan
inspection, testing, and documentation requirements, to
take control of the product, to take corrective action, and
to communicate production and construction issued to
Department personnel and shall evaluate based on the
following scale:
(A) if the contractor exceeded Quality Control
plan and Quality Assurance plan requirements in all
areas considered, he or she shall receive an 8;
(B) if the contractor exceeded Quality Control
plan and Quality Assurance plan requirements in a
majority of areas considered, he or she shall receive a
7;
(C) if the contractor met Quality Control plan and
Quality Assurance plan requirements in all areas
considered, he or she shall receive a 6;
(D) if the contractor did not meet Quality Control
plan and Quality Assurance plan requirements in one
area considered, he or she shall receive a 3; and

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

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contract or contracts may not be acceptable and that an
immediate evaluation is necessary to assess the responsibility
of a contractor in order to protect the interests of the State
in sound procurement practices. If the evaluation ordered by
the Engineer of Construction results in the quality of work or
the average overall execution of work ratings being rated at
less than 3, the work ratings shall be revoked.
(h) If a contractor receives a Quality of Work Rating of 0
for any work category being evaluated on any one contract, the
work rating shall be revoked.
(i) The Department shall notify the contractor of the
performance evaluation in writing within 14 days of completion
of the evaluation with a detailed explanation of any
substandard items. If a performance evaluation results in a
denied, reduced, or revoked work rating, the contractor may
proceed with the review procedures under 44 Ill. Admin. Code
650.150.
(j) If an applicant did not have a contract with the
Department in the previous year, the last evaluation issued
within a 5-year period shall be used. If an applicant has not
had an evaluation in the last 5 years or is applying for an
initial rating in a category and lists no public agencies or
private customers as references, a Performance Factor of "1"
shall be used until an actual evaluation is made.
(k) As a component of the Auditor's General biennial
compliance examination of the Department, the Auditor General

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