(A) For purposes of this chapter, the term “PUBLIC WORKS” shall mean the following: any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, moving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any public building, structure, airport facility, highway, roadway, street, alley, bridge, sewer, drain, ditch, sewage disposal plant, water work, parking facility, railroad, excavation, or other project, development, real property, or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project or development, real property, publicly owned property, or improvement herein described of any material or article of merchandise, which is paid for out of a public fund or out of a special assessment. The term also includes any public works leased by a political subdivision under a lease containing an option to purchase.
(B) For purposes of this chapter, the term “PUBLIC WORKS” shall not include landscaping that is not performed in conjunction with or as part of work otherwise covered under the Prevailing Wage Act (“Act”), ILCS Ch. 820, Act 130 §§ 1 et seq. When no other covered work such as “hardscape” is involved, such landscaping work is not covered work under the Act and shall not be subject to the requirements contained herein.
(Ord. 2019-O-079, passed 12-3-19)
(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 Village of Tinley Park, in order for the bid to be accepted:
(1) A copy 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 (A) 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) Compliance with:
(a) Submittal of Federal Employer Tax Identification Number or Social Security Number (for individual); and
(b) Provision of Section 2000e of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246 as amended by Federal Executive Order No. 11375 (known as the Equal Employment Opportunity Provisions).
(6) A statement and certificates indicating that all employees are (i) covered under a current general liability, workers’ compensation, completed operations, automobile, hazardous occupation, and product liability and professional liability insurance policy(ies) and (ii) properly classified under such policy(ies). 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.
(7) Furnishing certification that the bidder is not barred from bidding or contracting as a result of a violation of ILCS Ch. 720, Act 5, § 33E.
(8) 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 including wages, medical and hospital insurance and retirement for those trades covered by the Act, 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.
(9) 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.).
(10) A copy of the written sexual harassment policy to be filed with the village pursuant to the Illinois Human Rights Act (ILCS Ch. 775, Act 5 §§ 2-105 et seq.), that includes (i) the illegality of sexual harassment, (ii) the definition of sexual harassment under Illinois law, (iii) a description of sexual harassment, utilizing examples, (iv) an internal complaint process including penalties, (v) the legal recourse, investigative and complaint process available through the Department of Human Rights and Human Rights Commission, (vi) direction on how to contact the Department of Human Rights and Human Rights Commission, and (vii) protection against retaliation, and a certificate of compliance with Title 7 of the 1964 Civil Rights Act and the Illinois Human Rights Act.
(11) A copy of the written program promoting a drug-free workplace to be filed with the village pursuant to the Illinois Drug Free Workplace Act (ILCS Ch. 30, Act 580 §§ 3 et seq.), establishing that all employees engaged in the performance of work under the contract shall comply with the requirements of the Illinois Drug Free Workplace Act.
(12) 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, for the project being bid.
(13) 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.
(14) 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 but is not limited to a copy of all applicable apprenticeship standards or apprenticeship agreement(s) for any apprentice(s) who will perform work on the public works project.
(15) Bidder shall certify that all employees expected to perform work on the project have completed a ten-hour or greater OSHA safety program. 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 Village of Tinley Park may request the bidder provide copies of employees’ OSHA cards; failure to produce an employee’s OSHA card may result in a determination that the bidder is not a responsible bidder.
(16) 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 Village of Tinley Park. Each contractor shall submit all subcontractor information and supporting documentation to Village of Tinley Park prior to the subcontractor commencing work on the project.
(17) 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 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.
(18) Furnishing of required performance and payment bonds.
(19) 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, or the Federal Davis-Bacon and Related Acts.
(20) Furnishing evidence that the bidder has not only the final responsibility but also the ability to respond to the needs of the village by the discharge of the contractor’s obligations in accordance with what is expected or demanded under the terms of the contract.
(21) Evidence of participation in apprenticeship 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; and evidence that any applicable apprenticeship program has graduated at least five (5) apprentices in each of the past five (5) years for each of the construction crafts the bidder will perform on the project. Evidence of graduation rates is not required for apprentice-able crafts dedicated exclusively to the transportation of material and equipment to and from the public works project. Additional evidence of participation and graduation requirements may be requested by the Village Manager at its discretion.
It is the sole responsibility of the bidder to comply with all submission requirements at the time it submits its bid to the Village of Tinley Park. Bidder submissions deemed inadequate, or incomplete, may result in a determination that the bidder is not a responsible bidder.
The submission requirements also apply to all subcontractors, except that the successful bidder shall submit all subcontractor submissions to the Village of Tinley Park prior to the subcontractor commencing work on the project. Failure of a subcontractor to submit the required information shall disqualify the successful bidder from performing work on the project and shall constitute a contractual default and/or breach by the successful bidder. The village may withhold all payments otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and approves such information. Further, where deemed necessary, the village may also require that the successful bidder remove the subcontractor from the project and replace it with a responsive and responsible subcontractor.
(B) The bidder and subcontractor(s) have a continuing obligation to report any material changes to their status as it pertains to any of the items contained in this Section, at any time. Such changes must be reported in writing to Village of Tinley Park 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. 2019-O-079, passed 12-3-19; Am. Ord. 2022-O-032, passed 5-3-22)
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