Full Text of SB0263 100th General Assembly
SB0263sam001 100TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 3/21/2017
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| 1 | | AMENDMENT TO SENATE BILL 263
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 263 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Transportation Law of the
| 5 | | Civil Administrative Code of Illinois is amended by changing | 6 | | Section 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 | 9 | | women-owned contractors. | 10 | | (a) The Department shall, within 30 days after the | 11 | | effective date of this amendatory Act of the 96th General | 12 | | Assembly, establish a committee to review the rules for | 13 | | prequalification of contractors adopted by the Department at 44 | 14 | | Illinois Administrative Code 650. The purpose of the review is | 15 | | to determine whether the rules for prequalification operate as | 16 | | a barrier to minority-owned and women-owned contractors |
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| 1 | | becoming prequalified to bid on or make proposals for | 2 | | Department contracts. The committee shall, in addition to | 3 | | Department staff, be constituted with membership representing | 4 | | the construction industry and minority-owned and women-owned | 5 | | contractors. The committee shall complete its work and make | 6 | | recommendations for any changes to the rules for | 7 | | prequalification to the Secretary of Transportation within 180 | 8 | | days after the effective date of this amendatory Act of the | 9 | | 96th General Assembly.
| 10 | | (b) The Department, in conjunction with the Capital | 11 | | Development Board, shall hold 2 public hearings to determine | 12 | | whether a more effective, efficient, and less burdensome method | 13 | | exists to prequalify an architect, engineer, or contractor. The | 14 | | hearings shall also specifically determine how the Department | 15 | | can obtain greater participation in the bidding process of | 16 | | small contractors and minority, female, disabled, and veteran | 17 | | architects, engineers, and contractors. The Department and the | 18 | | Capital Development Board shall collect data to review at the | 19 | | hearings, which shall include, but is not limited to, | 20 | | percentages and the number of minority, female, disabled, and | 21 | | veteran employees who are hired for each trade necessary for | 22 | | each project. The Department and the Capital Development Board | 23 | | shall issue their joint findings and recommendations to the | 24 | | Governor and the General Assembly no later than January 1, | 25 | | 2018. | 26 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 |
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| 1 | | for 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" | 5 | | means a numerical value determined by the contractor's | 6 | | performance evaluation in a work category during the previous | 7 | | year. | 8 | | (b) At the close of each construction season, the | 9 | | Department, other State agencies or authorities using | 10 | | contractors based on the prequalification standards of the | 11 | | Department, and officials of a unit of local government | 12 | | administering a contract approved for award by the Department, | 13 | | shall evaluate each contractor who performed work for them | 14 | | during the previous year as either a prime contractor or a | 15 | | subcontractor. The information shall be submitted on the | 16 | | Contractor's Annual Performance Report and shall be subject to | 17 | | disclosure under the Freedom of Information Act. The | 18 | | performance 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 2 to | 11 | | 8 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 | 18 | | of 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 | 12 | | by first determining the Project Cost Ratio for the relevant | 13 | | work category. The Project Cost Ratio is the ratio of the value | 14 | | of all contracts being evaluated to the value of all contracts | 15 | | performed. The Department shall establish a weighted | 16 | | performance evaluation value for each performance evaluation | 17 | | completed by determining the product of the Project Cost Ratio, | 18 | | the rating for quality given on the relevant performance | 19 | | evaluation, and the averaged ratings for the execution given on | 20 | | the relevant performance evaluation divided by 6. Finally, the | 21 | | Department shall divide the summation of all weighted | 22 | | performance evaluation values by 6 to arrive at the Performance | 23 | | Factor. | 24 | | (f) A work rating shall be subject to denial or revocation | 25 | | if the summation of all weighted performance evaluation values | 26 | | for a work rating category is less than 6 for 2 successive |
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| 1 | | years. A work rating shall be subject to denial or revocation | 2 | | if the summation of all weighted performance evaluation values | 3 | | for a work rating category is less than 3 for one year. | 4 | | (g) The Department shall evaluate performance on any | 5 | | individual contract or group of contracts for purposes of | 6 | | determining the current responsibility of a contractor when the | 7 | | Engineer of Construction has determined that performance on any | 8 | | contract or contracts may not be acceptable and that an | 9 | | immediate evaluation is necessary to assess the responsibility | 10 | | of a contractor in order to protect the interests of the State | 11 | | in sound procurement practices. If the evaluation ordered by | 12 | | the Engineer of Construction results in the quality of work or | 13 | | the average overall execution of work ratings being rated at | 14 | | less than 3, the work ratings shall be revoked. | 15 | | (h) If a contractor receives a Quality of Work Rating of 0 | 16 | | for any work category being evaluated on any one contract, the | 17 | | work rating shall be revoked. | 18 | | (i) The Department shall notify the contractor of the | 19 | | performance evaluation in writing within 14 days of completion | 20 | | of the evaluation with a detailed explanation of any | 21 | | substandard items. If a performance evaluation results in a | 22 | | denied, reduced, or revoked work rating, the contractor may | 23 | | proceed with the review procedures under 44 Ill. Admin. Code | 24 | | 650.150. | 25 | | (j) If an applicant did not have a contract with the | 26 | | Department in the previous year, the last evaluation issued |
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| 1 | | within a 5-year period shall be used. If an applicant has not | 2 | | had an evaluation in the last 5 years or is applying for an | 3 | | initial rating in a category and lists no public agencies or | 4 | | private customers as references, a Performance Factor of "1" | 5 | | shall be used until an actual evaluation is made. | 6 | | (k) On January 1, 2018, and annually on January 1 of each | 7 | | subsequent year, the Auditor General shall conduct a compliance | 8 | | audit of the performance evaluations and work ratings under | 9 | | this Section and manipulation of work ratings investigations by | 10 | | the Division of Internal Investigation. Within 30 days after | 11 | | receiving the results of the audit, the Department shall | 12 | | publish the results on its website. | 13 | | Section 10. The Capital Development Board Act is amended by | 14 | | changing Section 16 and by adding Section 10.19 as follows: | 15 | | (20 ILCS 3105/10.19 new) | 16 | | Sec. 10.19. Performance evaluation; contractor. At the | 17 | | close of each construction season, the Board shall evaluate | 18 | | each contractor who performed work for them during the previous | 19 | | year either as a prime contractor or as a subcontractor using | 20 | | the evaluation standards under Section 2705-607 of the | 21 | | Department of Transportation Law of the Civil Administrative | 22 | | Code of Illinois .
| 23 | | (20 ILCS 3105/16) (from Ch. 127, par. 783b)
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| 1 | | Sec. 16.
(a) In addition to any other power granted in this | 2 | | Act to
adopt rules or regulations, the Board may adopt | 3 | | regulations or rules
relating to the issuance or renewal of the | 4 | | prequalification of an
architect, engineer or contractor or the | 5 | | suspension or modification of the
prequalification of any such | 6 | | person or entity including, without
limitation, an interim or | 7 | | emergency suspension or modification without a
hearing founded | 8 | | on any one or more of the bases set forth in this Section.
| 9 | | (a-5) The Board, in conjunction with the Department of | 10 | | Transportation, shall hold 2 public hearings to determine | 11 | | whether a more effective, efficient, and less burdensome method | 12 | | exists to prequalify an architect, engineer, or contractor. The | 13 | | hearings shall also specifically determine how the Department | 14 | | can obtain greater participation in the bidding process of | 15 | | small contractors and minority, female, disabled, and veteran | 16 | | architects, engineers, and contractors. The Department and the | 17 | | Capital Development Board shall collect data to review at the | 18 | | hearings, which shall include, but is not limited to, | 19 | | percentages and the number of minority, female, disabled, and | 20 | | veteran employees who are hired for each trade necessary for | 21 | | each project. The Department and the Capital Development Board | 22 | | shall issue their joint findings and recommendations to the | 23 | | Governor and the General Assembly no later than January 1, | 24 | | 2018. | 25 | | (b) Among the bases for an interim or emergency suspension | 26 | | or
modification of prequalification are:
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| 1 | | (1) A finding by the Board that the public interest, | 2 | | safety or welfare
requires a summary suspension or | 3 | | modification of a prequalification without
hearings.
| 4 | | (2) The occurrence of an event or series of events | 5 | | which, in the Board's
opinion, warrants a summary | 6 | | suspension or modification of a
prequalification without a | 7 | | hearing including, without limitation, (i) the
indictment | 8 | | of the holder of the prequalification by a State or federal
| 9 | | agency or other branch of government for a crime; (ii) the | 10 | | suspension or
modification of a license or | 11 | | prequalification by another State agency or
federal agency | 12 | | or other branch of government after hearings; (iii) a
| 13 | | material breach of a contract made between the Board and an | 14 | | architect,
engineer or contractor; and (iv) the failure to | 15 | | comply with State law
including, without limitation, the | 16 | | Business Enterprise for Minorities, Females,
and
Persons | 17 | | with Disabilities Act,
the prevailing wage requirements, | 18 | | and the Steel Products Procurement Act.
| 19 | | (c) If a prequalification is suspended or modified by the | 20 | | Board without
hearings for any reason set forth in this Section | 21 | | or in Section 10-65 of the
Illinois Administrative Procedure | 22 | | Act, as amended, the Board
shall within 30 days of the issuance | 23 | | of an order of suspension or modification
of a prequalification | 24 | | initiate proceedings for the suspension or modification
of or | 25 | | other action upon the prequalification.
| 26 | | (Source: P.A. 92-16, eff. 6-28-01.)
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| 1 | | Section 15. The Criminal Code of 2012 is amended by adding | 2 | | Section 33E-15.5 as follows: | 3 | | (720 ILCS 5/33E-15.5 new) | 4 | | Sec. 33E-15.5. Manipulation of work ratings. | 5 | | (a) Any person who knowingly manipulates a work rating | 6 | | factor for a contractor or subcontractor under Section 2705-907 | 7 | | of the Department of Transportation Law of the Civil | 8 | | Administrative Code of Illinois that results in a rating | 9 | | disqualifying or qualifying a contractor or subcontractor who | 10 | | would have been otherwise qualified or disqualified commits | 11 | | manipulation of work ratings. A charge of manipulation of work | 12 | | ratings under this Section shall be investigated by the | 13 | | Department of Transportation Division of Internal | 14 | | Investigation. | 15 | | (b) Sentence. Manipulation of work ratings is a Class 4 | 16 | | felony.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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