(A) In determining whether a bidder is a "responsible bidder" for the award of a public works contract, the bidder must submit the following information and supporting documentation verified under oath on a form designated by the city, in order for the bid to be accepted:
(1) A copy of a print-out of the Illinois Secretary of State's Department of Business Services online records evidencing that the bidder has a current corporate annual report on file. If the bidder is an individual, sole proprietor, or partnership, this division shall not apply.
(2) Documents evidencing current registration with the Illinois Department of Revenue if bidder has employees (e.g. document with account number, Illinois Business Tax number).
(3) Documents evidencing current registration with the Illinois Department of Employment Security if bidder has employees (e.g. document with UI account number).
(4) Disclosure of any federal, state or local tax liens or tax delinquencies against the contractor or any officers of the contractor in the last five years.
(5) A statement that all employees are (i) covered under a current workers' compensation insurance policy and (ii) properly classified under such policy. If the bidder is insured with a carrier, the evidence of workers' compensation insurance shall be a copy of the "Information Page" of the bidder's workers' compensation policy and any continuation of that information page which include the name and address of the insured, as well as the class codes the compensation premium is based on and the total estimated remuneration per class code.
(6) A statement of compliance with all provisions of the Illinois Prevailing Wage Act (ILCS Ch. 820, Act 130, §§ 1 et seq.) and all rules and regulations therein, for the past five years. Such statement shall also provide that the contractor has reviewed the Prevailing Wage Act or federal Davis-Bacon and Related Acts, has reviewed and agrees to pay the applicable prevailing wage rates attached to the bid specifications, and will strictly comply with the Prevailing Wage Act or federal Davis-Bacon and Related Acts and related requirements. A contractor who has been found by the Illinois Department of Labor to be in violation of the Prevailing Wage Act twice within a three year period shall be deemed not to be a responsible bidder for two years from the date of the latest finding.
(7) A copy of the written program for the prevention of substance abuse to be filed with a public body pursuant to the Substance Abuse Prevention on Public Works Projects Act (ILCS Ch. 820, Act 265, §§ 1 et seq.).
(8) A statement that individuals who will perform work on the public works project on behalf of the contractor are properly classified as either (i) an employee or (ii) an independent contractor under all applicable state and federal laws and local ordinances.
(9) Documents evidencing any professional or trade license required by law or local ordinance for any trade or specialty area in which the contractor is seeking a contract award. Additionally, the contractor must disclose any suspension or revocation of such license held by the company, or of any director, officer or manager of the company.
(10) Evidence of participation in apprenticeship and training programs applicable to the work to be performed on the projects which were approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. The required evidence includes a copy of all applicable apprenticeship standards and Apprenticeship Agreement(s) for any apprentice(s) who will perform work on the public works project.
(11) Bidder shall certify that all employees expected to perform work on the project have completed a ten-hour or greater OSHA safety program within the last five years. Only workers that have satisfactorily completed a ten-hour or greater OSHA safety program will be allowed to participate on the project. The bidder must have copies of employee OSHA cards on file, and the city may request the bidder provide copies of employees OSHA cards; failure to produce an employee's OSHA card may result in determination that the bidder is not a responsible bidder.
(12) Disclosure of the name and address of each subcontractor from whom the contractor has accepted a bid and/or intends to hire on any part of the project. Further, each such subcontractor shall be required to adhere to the requirements set forth herein as though it were bidding directly to the city. Each contractor shall submit all subcontractor information and supporting documentation to the city's responsible department prior to the subcontractor commencing work on the project.
(13) Statements as to past performance, which shall give an accurate and complete record of all public works projects completed in the past three years by the contractor. Such statements shall include the name of the public body and the projects, original contract price, final contract price, and the names of all subcontractors used, if applicable, and a statement as to compliance with completion deadlines.
(14) Any determinations by a court or governmental agency for violations of federal, state, or local laws, including but not limited to serious, willful or repeated violations of the Occupational Safety and Health Act (OSHA), violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the National Labor Relations Act (NLRA), or the Federal Davis-Bacon and Related Acts.
(B) Any material changes to the contractor's status, at any time, must be reported in writing to the city within 14 days of its occurrence. Failure to comply with this requirement is grounds for the contractor to be deemed a non-responsible bidder.
(Ord. 17-22, passed 6-14-2017)