A. 1. In determining whether a contractor is a "responsible bidder" for the award of a public works contract, the contractor 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:
a. Documents evidencing compliance with all applicable laws and ordinances prerequisite to doing business in Illinois;
b. A valid Federal employer tax identification number or, if an individual, a valid social security number;
c. A statement of compliance with provisions of section 2000e of chapter 21, title 42 of the United States Code and Federal Executive Order No. 11246, as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer Provisions);
d. 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 no later than the date and time of the contract award;
e. Certificates of insurance showing the following coverage necessary for the project:
(1) General liability ($1,000,000.00 minimum coverage);
(2) Compensation (statutory limits); and
(3) Automobile liability.
Amounts not herein listed shall be determined by the awarding agency and set forth in the bid specifications;
f. (1) A statement of compliance with all provisions of the Illinois Prevailing Wage Act 1 , and all rules and regulations therein, for the past five (5) years;
(2) 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;
(3) 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 (3) year period shall be deemed not to be a responsible bidder for two (2) years from the date of the latest finding;
g. Evidence of participation in apprenticeship and training programs applicable to the work to be performed on the project which are 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;
h. A copy of the written program for the prevention of substance abuse to be filed with the City pursuant to the Substance Abuse Prevention on Public Works Projects Act 2 ;
i. Documents evidencing contractor safety and health activities and programs, including: 1) a written safety policy statement signed by a company representative; 2) if applicable, completed copies of OSHA 200 injury and illness logs for the past three (3) years, in addition to the current year to date OSHA log; and 3) a completed contractor safety and health questionnaire;
j. A statement that individuals who will perform work on the public works project on behalf of the contractor are properly classified as either: 1) an employee; or 2) an independent contractor under all applicable State and Federal laws and local ordinances;
k. (1) A statement that all employees are: a) covered under a current workers' compensation insurance policy; and b) properly classified under such policy;
(2) If the contractor is insured with a carrier, the evidence of workers' compensation insurance shall be a copy of the "information page" of the contractor's workers' compensation policy and any continuation of that information page which includes 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;
l. A statement listing all employees who will perform work on the public works project and evidence that all listed employees are covered by a health and welfare plan and a retirement plan. The required evidence includes a copy of the summary plan description(s) or similar document(s); and
m. 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.
2. Any material changes to the contractor's status, at any time, must be reported in writing to the City within fourteen (14) days of its occurrence. Failure to comply with this requirement is grounds for the contractor to be deemed a nonresponsible bidder.
B. If all of the criteria listed in subsection A of this section are otherwise satisfied, the City may also consider the following factors, in its discretion, in awarding the project if such information is requested:
1. Statements as to past performance, which shall give an accurate and complete record of all public works projects completed in the past three (3) years by the contractor. Such statements shall include the name of the public body and the project, original contract price, final contract price, and the names of all subcontractors used, if applicable, and a statement as to compliance with completion deadlines; and/or
2. Any determinations by a court or governmental agency for violations of Federal, State, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA), or Federal Davis-Bacon and related Acts. (Ord. 2011-5, 10-10-2011)
Notes
| 1 | 1. 820 ILCS 130/1 et seq. |
| 2 | 2. 820 ILCS 265/1 et seq. |