2-92-360 Execution of master agreement – Term.

   All contractors on a responsible bidder list shall be required to execute a master agreement which shall apply to any work which may be awarded and which contain, without exception, the terms and conditions set forth in the R.F.Q. and any other terms and conditions which may be required by the chief procurement officer. Failure of a contractor otherwise qualifiable as responsible to execute a master agreement shall result in such contractor's deletion from the responsible bidder list.

   Prequalification of a contractor as a responsible bidder shall be effective for the term of a master agreement with that contractor, except to the extent that the chief procurement officer has deleted the contractor from the responsible bidder list pursuant to Section 2-92-350. The chief procurement officer may extend the term of a master agreement up to 90 days in order to provide continuity of services until the responsible bidder list can be renewed in accordance with Section 2-92-350.

(Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1)

2-92-370 Contract award procedure.

   Whenever a using department identifies a need for roofing repair, building demolition, or board-up work, the chief procurement officer shall provide all of the contractors on the responsible bidder list for the respective type of work a sufficiently detailed description of the work to enable them to submit sealed bids for the work. The chief procurement officer may require such contractors to inspect the work site and shall allow them at least ten days, exclusive of Sundays and legal holidays, to submit sealed bids. The chief procurement officer shall award the contract for the work to the responsive bidder offering the lowest sealed bid price, in cases where competitive bidding is required and appropriate for such contract, pursuant to the provisions of Sections 8-10-3 and 8-10-4 of the "Municipal Purchasing Act for Cities of 500,000 or More Population", codified at 65 ILCS 5/8-10-3 and 65 ILCS 5/8-10-4, as amended.

   If the contract award procedure set forth in the above paragraph would, in a specific instance, result in a delay which would cause imminent hazard to public safety or substantial damage to property, the chief procurement officer may, in such an instance: (i) authorize the use of prequalified contractors and make provisions for immediate use of such contractors by the using department or departments, subject to a limit on expenditures of public funds of $500,000.00 for such immediately authorized work, or (ii) follow an expedited contract award procedure which solicits bids from less than all contractors on the responsible bidder list and/or which allows less than ten days for the submittal of bids.

(Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1)

2-92-380 Contracts restrictions – Disclosure of debts to city – Outstanding parking violations.

   (a)   Whenever used in this section, the following words and phrases shall have the following meanings:

   "Contract" means any agreement or transaction pursuant to which the contracting party receives city funds in consideration for services, work or goods provided or rendered.

   "Debt" means a specified sum of money owed to the city for which the period granted for payment has expired.

   (b)   Every city contract shall contain a provision that entitles the city to set off a portion of the contract price equal to the amount of any debt owed by the contracting party to the city.

   (c)   Notwithstanding the provisions of subsection (b) herein, no such debt shall be offset from the contract price if one or more of the following conditions are met:

      (1)   The contracting party has entered into an agreement with the department of finance, or other appropriate city department, for the payment of all debts owed to the city and the contracting party is in compliance with the agreement; or

      (2)   The contracting party is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding; or

      (3)   The contracting party has filed a petition in bankruptcy and the debts owed the city are dischargeable in bankruptcy.

(Prior code § 26-27.2; Added Coun. J. 6-7-90, p. 17027; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 1)

2-92-385 Contracts – Gender pay equality – Non-disclosure of salary history.

   (a)   Definitions. For the purpose of this section, the following terms shall have the following meanings:

   "Contract" means any agreement or transaction pursuant to which a contractor (i) receives city funds in consideration for services, work or goods provided or rendered, including contracts for legal or other professional services, or (ii) pays the city money in consideration for a license, grant or concession allowing it to conduct a business on city premises, and includes any contracts not awarded or processed by the Department of Procurement Services.

   "Contractor" means the person to whom a contract is awarded.

   (b)   Requirements.

      (1)   No contractor, or entity awarded a contract with the City, or any renewal or extension thereof, shall screen job applicants based on their wage or salary history, including by requiring that an applicant’s prior wages, including benefits or other compensation, satisfy minimum or maximum criteria; or by requesting or requiring that an applicant disclose prior wages or salary:

         (i)   as a condition of being interviewed,

         (ii)   as a condition of continuing to be considered for an offer of employment,

         (iii)   as a condition of an offer of employment or an offer of compensation, or

         (iv)   as a condition of employment.

      (2)   No contractor shall seek the wage or salary history, including benefits or other compensation, of any job applicant from any current or former employer.

      (3)   Each contractor, or entity awarded a contract with the City, or any renewal or extension thereof, must adopt a policy that includes the same prohibitions set forth in subsections (1) and (2) of this subsection (b).

   (c)   Rules. The chief procurement officer is hereby authorized to do the following:

      (1)   The chief procurement officer shall require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or contractor submit an affidavit and any other supporting documents demonstrating that the bidder has a policy conforming to the requirement in subsection (3) paragraph (b), above;

      (2)   investigate all contractors’ compliance with this section;

      (3)   provide the names and business addresses of substantial owners and contractors to persons seeking to enforce this section, and their legal representatives, to the extent allowed by law, on the condition that such information be used solely for the purpose of assisting enforcement; provided that the names and identifying information of persons seeking to enforce this section shall be deemed confidential; and

      (4)   to promulgate regulations relating to the operation and enforcement of this section.

   (d)   Where a contract is entered into by an agent of the city other than the chief procurement officer, that agent is authorized to take and shall take the actions described above for the chief procurement officer in subsection (c) above.

   (e)   Noncompliance. If a contractor violates the provisions of this section, that contractor may be deemed ineligible to contract with the City; any contract, extension, or renewal thereof awarded in violation of this section may be voidable at the option of the City. Provided, however, that upon a finding of a violation by a prime contractor, no contract shall be voided, terminated, or revoked without consideration by the Chief Procurement Officer or other contracting agent of the City of such action’s impact on the prime contractor’s MBE or WBE subcontractors. For purposes of this section, "MBE" and "WBE" have the meanings ascribed to those terms in Sections 2-92-420 and 2-92-670, and "prime contractor" means a person who is the primary contractor on a contract and does not include any subcontractors.

   (f)   Fines. Any contractor who violates this subsection shall be subject to a fine not less than $500 and not more than $1,500 for each offense.

   (g)   Severability. If any provision, clause, sentence, paragraph, or part of this section or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this section and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof already involved in the controversy in which such judgment has been rendered and to the person and circumstances affected thereby.

(Added Coun. J. 5-23-18, p. 77282, § 3)

2-92-390 Equal employment opportunity regulations for contracts – Enforcement.

   (a)   If there exists evidence that minorities and/or women are under-represented in a contractor's work force, by comparison thereof to the labor force available within the population of the City of Chicago as established in the most recent federal census or in statistics compiled by the U.S. Department of Labor, if more recent, such contractor shall forthwith take appropriate remedial action to achieve compliance with applicable federal laws and regulations.

   (b)   (1)   For any construction project having an estimated contract value of $100,000.00 or more, and which is directly supervised by the City of Chicago, beginning with the calendar year 1984, the city shall have as its yearly equal employment opportunity goals the following percentages of construction aggregated work hours in each of the categories of construction journeyworker and apprentice:

         (A)   At least 25 percent by minorities, as described in subsection (c) of this section;

         (B)   At least seven percent by women.

      (2)   For any construction project having an estimated contract value of $100,000.00 or more, which is directly supervised by the City of Chicago, beginning with the calendar year 1984, the city shall have as its yearly employment opportunity goals the following percentages of construction aggregated work hours in the category of construction laborer:

         (A)   At least 40 percent by minorities, as described in subsection (c) of this section;

         (B)   At least ten percent by women.

      (3)   In order to effectuate the achievement of these goals, the chief procurement officer shall employ the canvassing formula described in subsection (c) of this section in the bidding for and in the awarding of all contracts involving construction projects having an estimated contract value of $100,000.00 or more and which are directly supervised by the City of Chicago.

   These goals shall also apply to construction projects subsidized in part with federal revenues pursuant to congressionally created grant programs which are intended to encourage economic revitalization including improved opportunities for the poor, minorities, and unemployed within the municipality to which the grant was given (including, without limitation, Community Development Block Grants, Urban Development Action Grants and Economic Development Administration Grants), and shall be monitored by the supervising department.

   (c)   Fulfillment of these equal employment opportunity goals for construction projects having an estimated contract value of $100,000.00 or more which are directly supervised by the City of Chicago will be achieved through contracts which shall include the following language:

   In accordance with Chapter 2-92 of the Municipal Code of Chicago, and in order to promote equality of opportunity for minority and female personnel on this project, the City of Chicago has established the following canvassing formula for the purpose of evaluating proposals and awarding the contract.

   Each bidder is invited to propose the minority and female employee utilization goals for the project, as percentages of the journeyworker and apprentice and laborer hours to be expended in the construction of the project. Lines 2, 4, and 6 in the formula shall not be greater than 70 percent in each category, for the purpose of canvassing only. The 70 percent limit shall not deter or restrict the fuller utilization of minority employees for the project, but shall only serve as a limiting figure for use in the formula. Similarly, lines 8, 10, and 12 shall not be greater than 15 percent in each category, for the purpose of canvassing only. Actual amounts of minority and female work will be measured for the total hours of construction workers employed on the projects within each of the categories of journeyworkers, apprentice, laborers by the contractor and all of the worksite subcontractors.

Canvassing Formula

Line 1.	Base bid, in figures	____
Line 2.	Percentage of the total journeyworker hours that the contractor proposes to be worked by minority journeyworkers during construction of the project. Maximum figure .70.	____
Line 3.	Multiply line 2 by line 1 by 0.04	____
Line 4.	Percentage of the total apprentice hours that the contractor proposes to be worked by minority apprentices during construction of the project. Maximum figure .70.	____
Line 5.	Multiply line 4 by line 1 by 0.03	____
Line 6.	Percentage of the total laborer hours that the contractor proposes to be worked by minority laborers during construction of the project. Maximum figure .70.	____
Line 7.	Multiply line 6 by line 1 by .01.	____
Line 8.	Percentage of the total journeyworker hours that the contractor proposes to be worked by female journeyworkers during construction of the project. Maximum figure .15.	____
Line 9.	Multiply line 8 by line 1 by 0.04.	____
Line 10.	Percentage of the total apprentice hours that the contractor proposes to be worked by female apprentices during construction of the project. Maximum figure .15.	____
Line 11.	Multiply line 10 by line 1 by 0.03.	____
Line 12.	Percentage of the total laborer hours that the contractor proposes to be worked by female laborers during construction of the project. Maximum figure .15.	____
Line 13.	Multiply line 12 by line 1 by 0.01	____
Line 14.	Summation of lines 3, 5, 7, 9, 11, and 13.	____
Line 15.	Subtract line 14 from line 1 = award criteria figure.	____

 

   The bidder shall complete the canvassing formula and transfer the final award criteria figure, line 15, to the space provided on the itemized proposal sheet. A contract in the amount of the total base bid will be awarded to the responsible bidder with the lowest award criteria figure. The city reserves the right to revise all arithmetic calculations for correctness. The contractor is obliged during the construction of the project to fulfill every numerical commitment made under the canvassing formula categories. Therefore, every limiting condition or circumstance which may affect referral, hiring, or deployment of construction trades employees must be taken into account by the bidder before the commitment is proposed. Limits imposed by the policies or circumstances of labor organizations or other referral resources, for example, should be anticipated by the bidder, since relief from the contractor's obligations as established under the canvassing formula is not available due to such circumstances found to exist

during construction. Also, if journeyworkers will not be employed in the project, or apprentices, or laborers, then the proposal made in the appropriate lines, lines 2 and 8, or lines 4 and 10 or 6 and 12, should be entered as "0 percent", since no journeyworker or apprentice or laborer hours are reported after construction, this will be computed by the city as 0 percent minority/female hours achieved.

   If commitments are made in the apprentice category, lines 4 and 10, the total apprentice hours to be employed on the project should be anticipated to be a substantial number of hours; since it is the intention of the city that where a commitment for a percentage of minority or female apprentices has been made, the percentage may be counted as fulfilled only as long as there were provided at least 40 actual hours of minority or female employment as apprentices. For this reason, where a minority or female percentage commitment has been made, if in the final audit of the performance of the contract there are less than 40 actual hours of minority or female apprentice work performed, then the number of minority or female apprentice hours will be counted by the City as "0" for the purpose of measuring the achievement towards the apprentice canvassing formula goal.

   Therefore, notice that when the contractor is performing at a level under a minority or female apprentice goal, line 4 or line 10 above, the contractor will be subject to the full amount of liquidated damages, see lines 5 and 11, if at least 40 actual hours of minority or female apprenticeship work are not achieved. When the bidder foresees that this minimum amount of apprenticeship is not available to the project, then "0" should be put in lines 4 and 10 as the percentage commitment for apprentices.

   The contractor is obligated to meet the total commitment made in each category, subject to liquidated damages as described below for noncompliance. The contractor hereby consents and agrees that, in the event of failure to comply with each of the minimum commitments submitted with the proposal on lines 2, 4, 6, 8, 10 and 12 of the canvassing formula, covering journeyworkers, apprentices, and laborers, respectively, the following shall apply to determine a monetary sum to be withheld from the final payment to the contractor.

   In calculating the aggregated work hours toward the utilization goals for construction journeyworkers, apprentices, or laborers under this subsection, the contractor shall be given 150 percent credit for every work hour performed by a minority or woman worker residing within a socio-economically disadvantaged area. The criteria for designation of an area as socio-economically disadvantaged will be set forth in rules promulgated by the Commissioner of Planning and Development. Such criteria shall include, but not be limited to, the median family income of an area.

   Liquidating Damages

   For each one percent deficiency of minority journeyworkers not utilized toward the goal (line 2), four cents for each hundred dollars of the base bid, calculated as follows:

Line 1 X .04
100

   Each one percent deficiency of shortfall toward the goal line (line 8) for female journeyworkers shall be computed in the same way.

   For each one percent deficiency of minority apprentices not utilized toward the goal (line 4), three cents per each hundred dollars on the base bid, calculated as follows:

Line 1 X .03
100

   Each one percent of shortfall toward the goal (line 10) for female apprentices shall be computed in the same way.

   For each one percent deficiency of minority laborers not utilized toward the goal (line 6), one cent per each hundred dollars of the base bid, calculated as follows:

Line 1 X .01
100

   Each one percent shortfall toward the goal (line 12) for female laborers shall be computed in the same way.

   Reporting

   The contractor shall submit to the City on a timely basis a completed weekly certified payroll, (U.S. Department of Labor Form WH-347, Illinois Department of Transportation Form RE-48, or equivalent) with race and gender of employees clearly named or coded each week. The contractor is responsible for forwarding every worksite subcontractor's weekly certified payroll. Supportive information regarding an employee's race, gender or work classification of such is required by the City. Failure to report fully all required workforce information will subject the contractor to liquidated damages in the total amount listed in line 14 above.

   In the weekly payroll reports, the following ethnic categories should be used to indicate minority personnel for purposes of the canvassing formula:

      Black = Persons having origins in any of the Black racial groups of Africa.

      Hispanic = Persons of Mexican, Puerto Rican, Cuban, Central American, or other Spanish culture or origin, regardless of race.

      Native American = Persons who are American Indians, Eskimos, Aleuts or Native Hawaiians.

      Asian Pacific = Persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories or the Northern Marianas.

      Asian Indian = Persons whose origins are from India, Pakistan, or Bangladesh.

   Included in the canvassing formula as "Journeyworkers" are the construction-site journeyworkers from the major trades including, without limitation, truck drivers, electrical groundsmen, and elevator construction helpers. Other "Helpers", watchmen, custodial workers, clerical workers, and salaried superintendents are not creditable in the formula. Hourly wage "Foremen" and "General Foremen" will be counted as journeyworkers for purposes of the canvassing formula.

   Included in the canvassing formula as "Apprentices" are only bona fide apprentices currently in a training program certified by the U.S. Department of Labor – Bureau of Apprenticeship and Training, and for the hours employed at the construction-site. Other categories of trainees are not creditable in the formula. Individual workers who are both minority and female will have their hours counted toward both a minority goal and any female goal.

   Other Regulations

   The adherence to the canvassing formula does not abrogate other responsibilities of the contractor to comply with equal employment opportunity requirements under federal or state law, municipal ordinance, prevailing government regulations or terms contained elsewhere in this contract.

   (d)   The monetary damages stipulated in subsection (c) hereof may be adjusted by the chief procurement officer to represent a larger fraction of the base bid price, if the chief procurement officer after review of contractors' compliance with this section determines that said damages are insufficient to secure contractors' compliance herewith. In no event may said damages be adjusted to a lower fraction. The corporation counsel shall assist the chief procurement officer in the development of standards for the calculation of appropriate liquidated damages. Any such damage must be made effective for all contracts advertised as of a specific date chosen by the chief procurement officer, and must be made prior to said advertisement.

   (e)   The chief procurement officer is authorized to adopt rules for the proper administration of this section.

(Prior code § 26-28; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 3-16-16, p. 19974, § 1)