HomeMy WebLinkAboutOrdinance 23-O-25, Amending Title 1, Chapter 17, Contracts with the City of the City Code5/27/2025
23-O-25
AN ORDINANCE
Amending Title 1, Chapter 17, “Contracts with the City” of the City
Code
WHEREAS, the City of Evanston is a unit of local government organized
and operating under federal and state laws;
WHEREAS, the City of Evanston seeks to preserve administrative
resources by ensuring that only qualified contractors and subcontractors are awarded
contracts on public works construction projects;
WHEREAS, the City of Evanston, has determined that quality
workmanship, efficient operation, safety, and timely completion of projects are not
necessarily insured by awarding a construction contract solely on the basis of the low
bid;
WHEREAS, the City of Evanston seeks to enhance its ability to identify
the lowest “responsible bidder” on all public works construction projects by instituting
more comprehensive submission requirements which are in compliance with Illinois
law; WHEREAS, the City of Evanston has a compelling proprietary interest in awarding
contracts for public works construction projects in a manner that will yield successful
project delivery in terms of work that is performed safely, at the lowest responsible cost,
and in accordance with the highest possible standards of quality and efficiency;
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WHEREAS, the City of Evanston has a compelling interest in ensuring
that workers on public works construction projects are paid appropriate wages and
receive appropriate benefits, as set forth in, and required by, the Illinois Prevailing Wage
Act and the Federal Davis-Bacon and Related Acts;
WHEREAS, securing successful delivery of public works construction
projects presents significant challenges due to the complex, unpredictable and
inherently dangerous nature of the construction industry, wherein errors in project
planning or execution, including those caused by inexperienced or unqualified craft
labor personnel, can result in serious safety risks, excessive cost overruns, flawed or
inferior project quality, and disruptions in project schedules that may delay the use of
critical government functions or facilities;
WHEREAS, the City of Evanston enacted the Local Employment Program
(LEP) Ordinance, Section 1-17-1(C) in 2014, in an effort to increase the hiring of
Evanston residents and Evanston construction apprentices on public works projects;
and
WHEREAS, City ordinances with apprenticeship standards increase the
likelihood of contractors on publicly funded projects to use apprentices, resulting in a
better local tax base and a safer, more efficient job site;
WHEREAS, a responsible bidder ordinance assures efficient use of
taxpayer dollars, promotes public safety, and is in the public interest;
WHEREAS, the Evanston City Council finds that it is in the best interest of
the City of Evanston residents to amend the City Code with respect to bidding.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Title 1, Chapter 17, “Contracts with the City” of the Evanston
City Code of 2012, as amended, is hereby further amended as follows:
1-17-1. CONTRACTS WITH THE CITY.
(A) All contracts with the City costing in excess of twenty-five thousand dollars
($25,000.00) must be approved by the City Council. Contracts for the purchase of
goods or services to be utilized in the conduct of the affairs of the City, shall be let
by the City Manager or his/her designee, with the approval of the City Council, to a
reliable, responsible and acceptable bidder, after advertising for the same, and
bonds to be approved by the City Council may be taken for the faithful performance
thereof.
(B) All contracts for the purchase of goods or services with entirely City funds shall be
awarded to the lowest quote/bid price or lowest evaluated quote/bid price from a
responsive and responsible Evanston business enterprise ("EBE") provided the
EBE's quote/bid price does not surpass the lowest quote/bid price or lowest
evaluated quote/bid price from a responsive and responsible nonlocal business by
more than five percent (5%).
All contracts let from requests for proposals (RFPs) and requests for qualifications
(RFQs) with entirely City funds shall be awarded to the most qualified consultant that is
an EBE, provided the EBE price/cost does not surpass the lowest price/cost or lowest
evaluated price/cost from a nonlocal business by more than five percent (5%).
1.An "EBE" shall mean an entity which is located in or has one or more offices
located in the City for a minimum of one year and which performs a
"commercially useful function."
a.An EBE performs a commercially useful function when it is responsible for
execution of the work of the contract and is carrying out its responsibilities
by actually performing, managing, and supervising the work involved. To
perform a commercially useful function, the EBE must also be responsible,
with respect to materials and supplies used on the contract, for negotiating
price, determining quality and quantity, ordering the material, and installing
(where applicable) and paying for the material itself. To determine whether
an EBE is performing a commercially useful function, the City will evaluate
the amount of work subcontracted, industry practices, whether the amount
the firm is to be paid under the contract is commensurate with the work it
is actually performing and the EBE credit claimed for its performance of
the work and other relevant factors.
b.An EBE does not perform a commercially useful function if its role is
limited to that of an extra participant in a transaction, contract, or project
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through which funds are passed in order to obtain the appearance of EBE
participation. In determining whether an EBE is such an extra participant,
the City will examine similar transactions, particularly those in which EBEs
do not participate.
c. If an EBE does not perform or exercise responsibility for at least thirty (30)
percent of the total cost of its contract with its own work force, or the EBE
subcontracts a greater portion of the work of a contract than would be
expected on the basis of normal industry practice for the type of work
involved, then it is not performing a commercially useful function.
d. When an EBE is presumed not to be performing a commercially useful
function as provided in Subsection (B)1c of this Section, the EBE may
present evidence to rebut this presumption. The City may determine that
the firm is performing a commercially useful function given the type of
work involved and normal industry practices.
2. In determining whether a business has been located in Evanston for one (1)
year, the MWEBE Committee will consider the following:
a. Whether the vendor pays property and/or sales taxes in Evanston; and
b. Whether the business entity's address or the address given on the federal
and/or state income tax return is within Evanston.
c. The date of issuance of an Evanston business license.
The City may waive the one-year requirement if the entity provides evidence of
a substantial commitment to Evanston.
3. Businesses that maintain a distribution warehouse or which manufacture in
Evanston will receive EBE credit of sixty (60) percent and one hundred (100)
percent, respectively. Those that do not maintain a distribution warehouse or
manufacturing operation but have an office in Evanston will be considered a
broker and receive a five (5) percent credit.
4. Eligibility as an EBE will be periodically reviewed and may be revoked at any
time if the entity no longer meets the above requirements.
(C) Local Employment Program.
1.Definitions. For the purposes of this Subsection (C), the employment program,
the following terms shall be defined as follows:
CONTRACT.The written agreement to provide services established between
the City and a contractor, including, but not limited to, a
redevelopment agreement between the City and any contractor
or party.
CONTRACTOR.An individual, partnership, corporation, joint venture or other
legal entity entering into a contract, or a subcontract of whatever
tier, for a public works project.
DESK REVIEW.A method of monitoring compliance with the local employment
program in which the Business and Workforce Development
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Coordinator contacts a contractor or subcontractor to gather
relevant information or request relevant documentation.
EMERGENCY
WORK.
Work necessitated by an imminent threat to the property of the
city or the health, safety, or welfare of its citizens.
GENERAL
CONTRACTOR.
An entity that enters into a contract directly with the city. The
general contractor may also be known as the prime contractor.
LOCAL RESIDENT
DATABASE.
A database maintained by the City's Business and Workforce
Development Coordinator containing the names of local
residents who have expressed interest in employment on City
public works projects.
NEW HIRE.Any employee of a contractor who is not listed on the
contractor's last quarterly tax statement and was hired prior to or
during the commencement of work on a public works project
contract subject to the requirements of the local employment
program.
ON SITE
MONITORING.
The Business and Workforce Development Coordinator's act of
visiting the site of a public works project to ensure compliance
with the requirements of the local employment program.
PUBLIC WORKS
PROJECT.
Any construction, alteration, demolition, or repair work done
under contract and paid for in whole or in part from City funds.
RESIDENT.Any person whose domicile is in the City. The domicile is an
individual's one and only true, fixed and permanent home and
principal establishment. In order to qualify as a resident for
purposes of the local employment program, an individual must
have established domicile within the City at least thirty (30) days
prior to commencing work on any public works project subject to
the local employment program.
SUBCONTRACT.A contract that exists between the general contractor and a
subcontractor or between subcontractors of any tier.
SUBCONTRACTOR.An entity that enters into a contract with the general contractor or
another subcontractor.
TIER.The level of relationship to the prime contractor of a
subcontractor who enters into a contract under a prime
contractor or another subcontractor to perform a portion of the
work on a project.
2.Work hours and new hire requirements.
a. Unless prohibited by federal, state, or local law, all contractors entering
into contracts with the City for public works projects valued at two hundred
fifty thousand dollars ($250,000.00) shall ensure that:
1) Fifteen percent (15%) of the total work hours are performed at the
construction site by City of Evanston residents, as laborers and/or
trade persons; and
2) A minimum of one (1) Evanston resident is hired.
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b.The effectiveness of the local employment program regarding the
minimum percentage of work hours and residents hired will be evaluated
by city staff after two (2) years of implementation.
c.These requirements shall bind the contractor both with respect to persons
working directly for the contractor and to subcontractors, regardless of tier
or phase of the project, hired to perform any portion of the contracted
work. The contractor shall ensure that subcontractors comply with the
requirements of the local employment program. It shall be the
responsibility and obligation of the contractor that all contracts are in
overall compliance with this Subsection (C) and all the requirements listed
herein.
d.Requirements of the local employment program are satisfied if the
contractor already employs Evanston residents sufficient to meet fifteen
percent (15%) of the project's total work hours. Some or all of these
requirements may be waived if a waiver is obtained from the City pursuant
to Subsection (C)5. of this Section.
3.Contracts, bid documents, subcontracts. Where appropriate and consistent
with law, contracts and bid documents shall incorporate the local employment
program by reference and shall provide that the failure of any contractor or
subcontractor to comply with any of its requirements shall be deemed a
material breach of the contract or subcontract entitling the City to all the
remedies and damages available for material breach of a contract. All
subcontracts shall expressly acknowledge the City's status as a third party
beneficiary to the subcontract and further expressly acknowledge that the City,
as a third party beneficiary, shall have the right to enforce the provisions of the
local employment program. Contracts and bid documents shall require bidders,
contractors and subcontractors to maintain records necessary for monitoring
their compliance with the local employment program.
4.Automatic review. This Subsection (C) shall be reviewed to address any
deficiencies on a bi-annual basis by the Minority, Women and Evanston
Business Enterprise Development Committee.
5.Waiver.
a.The contractor may request that the Business and Workforce
Development Coordinator waive all or a portion of the requirements
imposed under the local employment program. Such requests must be in
writing and must be received by the Business and Workforce Development
Coordinator prior to the award of any public works project contract. In
order to apply for a waiver, the contractor must submit:
1)Documentation to the Business and Workforce Development
Coordinator demonstrating that:
a)The contractor utilized the local resident database to attempt
to satisfy the local employment program hiring requirement.
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b)The contractor notified residents of the employment
opportunities available for the project. Such notification must
have appeared in the employment section of a newspaper of
local general circulation. Additionally, the Illinois department
of employment security's office located in Evanston, Illinois,
must have been notified of the employment opportunities. All
notices must have stated that all qualified applicants would
receive consideration without regard to race, color, religion,
sex or national origin.
c)The contractor, for a contract utilizing union labor, contacted
in writing Chicagoland labor unions to request a resident for
employment on the project.
2)Any additional documents requested by the Business and Workforce
Development Coordinator in order to evaluate the waiver request.
6.Business and Workforce Development Coordinator.
a.The Business and Workforce Development Coordinator shall determine,
based on the required documentation and conditions cited by the
contractor that make compliance unfeasible, whether to grant the waiver
prior to the award of the contract. Examples of such conditions include, but
are not limited to:
1)Intermittent service by one (1) trade throughout the life of the project.
2)Nonavailability of resident(s) necessary to fulfill craft position(s)
required for the project.
b.If circumstances arise subsequent to the issuance of the contract, the
results of which the contractor believes will prevent satisfying the local
employment program requirements, the contractor will immediately notify
the Business and Workforce Development Coordinator by requesting in
writing a waiver of the percentage that cannot be met. The Business and
Workforce Development Coordinator or his or her designee shall meet
with the applicant as necessary and issue a decision within five (5)
business days, including a determination as to any retroactive liability for
failure to achieve the goals for work undertaken prior to the application for
such a waiver.
7.Local resident selection. It is the contractor's responsibility to meet the
requirement of the local employment program. In order to satisfy the work
hours and/or new hire requirements of the local employment program,
contractors working under a collective bargaining agreement shall contact the
appropriate local union hall to request a resident. If a resident is not available
for dispatch by that union hall, the contractor shall contact the Business and
Workforce Development Coordinator or his or her designee to request an
available Evanston resident. The Business and Workforce Development
Coordinator or his or her designee will thereafter provide the name of a
resident matching the qualifications defined by the contractor to the local union
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hall and that resident will be dispatched to the contractor within three (3)
business days in accordance with the lawful hiring hall rules of the respective
union. Failure of the Business and Workforce Development Coordinator to
provide an individual shall not relieve the contractor from their responsibility to
comply with the local employment program.
In order to satisfy the work hours and/or new hire requirement of the local
employment program, contractors working in the absence of a collective
bargaining agreement shall contact the Business and Workforce Development
Coordinator or his or her designee to request an available Evanston resident
from the local resident database. The Business and Workforce Development
Coordinator or his or her designee will provide the name of a resident matching
the qualifications identified by the contractor within three (3) business days.
8.Reporting requirements. The contractor shall submit reports as required by the
City in order to comply with the local employment program. These reports may
include weekly certified payroll records for all crafts within five (5) working days
of the end of each payroll period. Additionally, the City may require a weekly or
monthly summary of the information that would be obtainable from the certified
payroll regarding local hire by craft. These reports, if required, must show the
person-hours on a laborer and/or trade person basis and, in the case of
certified payroll records, identify the address, new hires, and trade and status
journeyperson or apprentice of all employees on the project. All reports must
have an original signature and be signed by an authorized officer of the
company under penalty of perjury. The City will make a copy of all required
forms available to contractors.
Nothing in the local employment program is intended to eliminate the
requirement of a contractor to maintain certified payrolls or of the
subcontractors to provide certified payrolls to the contractor, or for any
contractor to provide certified payrolls to any party that requests them, as
required under Illinois state law.
9.Monitoring. The Business and Workforce Development Coordinator or his or
her designee will monitor compliance with the requirements of the local
employment program by means including, but not limited to, desk reviews or
on site monitoring. Audits of compliance may require the review of documents
such as certified payrolls, canceled checks, or quarterly wage and withholding
reports. Full scale investigations of noncompliance or violations will be on an
as needed basis as determined by the Business and Workforce Development
Coordinator.
A contractor that fails to provide requested documents or misrepresents
material facts in such documents shall be deemed to be noncompliant with the
local employment program.
10.Post-award meeting. At its discretion, the Business and Workforce
Development Coordinator or his or her designee may require the contractor to
attend a post-award meeting to familiarize the contractor with the local
employment program requirements and to identify the individual by position
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and name if available. If requested by the contractor post-award, or at any time
during the project, the City shall hold such a meeting within ten (10) business
days.
11. Penalty. If the contractor or subcontractor should fail to meet the total
percentage of resident project hours for any reason, without having received a
waiver as outlined in Subsection (C)5. above, the City may impose a fine up to
one percent (1.0%) of the approved project price in total. Contractors or
subcontractors that are out of compliance due to a resident termination or
resignation, shall immediately notify the Business and Workforce Development
Coordinator of this occurrence within two (2) business days. Subsequently, the
contractor or subcontractor shall have five (5) additional business days to
replace a terminated or resigned worker with another resident. If the contractor
or subcontractor fails to make the replacement or to notify the Business and
Workforce Development Coordinator of this occurrence, the offending party will
also be subject to a penalty up to one percent (1.0%) of the approved project
price. If the noncompliant contractor makes a good faith effort to replace the
resident, the fine may be waived.
At the sole discretion of the City, a contractor or subcontractor that has violated
the terms of the local employment program within a three-year period may be
determined a non-responsible bidder and excluded from bidding on future
projects for a period of not less than one (1) year.
At the sole discretion of the City, an employee that has been hired through the
LEP may be removed from the program for a period of not less than one (1)
year for failing to adhere to program guidelines or due to termination by the
contractor for cause. Such termination process will be reviewed by the
Business and Workforce Development Coordinator.
12.Workforce reserve account. The City shall establish a reserve account for the
deposit of all penalty funds within the general fund. This account may be
utilized for the support of the LEP and other workforce development programs
as follows:
The MWEBE Committee shall receive a report on the balance of penalty
funds as of the end of the fiscal year no later than March 31 after the close
of that year.
The MWEBE Committee shall recommend utilization of these funds for
placement in the next year's proposed budget in accordance with current
LEP and workforce development program goals.
Both program goals and recommended expenditure of funds will be
subject to approval by the City Council.
(D) Minority, women, disadvantage, and Evanston business enterprise (M/W/D/EBE)
goals.
1.Definitions. For the purposes of this Subsection (D), Minority, Women,
Disadvantage, and Evanston Business Enterprise (M/W/D/EBE) Goals, the
following terms shall be defined as follows:
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DISADVANTAGE-
OWNED
BUSINESS
ENTERPRISE or
DBE.
A firm must be at fifty-one percent (51%) owned by one (1) or more
disadvantaged individual (socially and economically) or, in the case
of a publicly-held corporation, fifty-one percent (51%) of the stock
of which is owned by one (1) or more disadvantaged individual
(socially and economically) whose management and daily business
operations are controlled by one (1) or disadvantaged individual
(socially and economically). The City Manager or his or her
designee shall determine which DBE certifications shall be
accepted by the City.
EVANSTON-
OWNED
BUSINESS
ENTERPRISE or
EBE.
An entity which is located in or has one (1) or more offices located
in the City for a minimum of one (1) year and which performs a
"commercially useful function." The business must be certified by
the City in accordance with the provisions of Section 1-17-1(B).
MINORITY-
OWNED
BUSINESS
ENTERPRISE or
MBE.
A business which is at least fifty-one percent (51%) owned by one
(1) or more members of one (1) or more minority groups, or, in the
case of a publicly-held corporation, at least fifty-one percent (51%)
of the stock of which is owned by one (1) or more members of one
(1) or more minority groups, whose management and daily
operations are controlled by one (1) or more members of one (1) or
more minority groups. The City Manager or his or her designee
shall determine which MBE certifications shall be accepted by the
City.
M/W/D/EBE
GOALS.
The City of Evanston establishes the goal of awarding not less than
twenty-five percent (25%) of its contract awards to MBE, WBE,
DBE and EBE businesses. The City of Evanston establishes the
goal of awarding not less than three percent (3%) utilization of
EBEs in its contract awards. The provisions of this Section shall be
implemented by the City Manager or his or her designee. The
provisions of this Section do not guarantee contract participation.
WOMEN-OWNED
BUSINESS
ENTERPRISE or
WBE.
A business which is at least fifty-one percent (51%) owned by one
(1) or more women, or, in the case of a publicly-held corporation,
fifty-one percent (51%) of the stock of which is owned by one (1) or
more women, whose management and daily business operations
are controlled by one (1) or more women. The City Manager or his
or her designee shall determine which WBE certifications shall be
accepted by the City.
2.A minority-owned business enterprise ("MBE"), women-owned business
enterprise ("WBE"), or disadvantage-business enterprise ("DBE") (collectively,
"M/W/D/BE") must perform a "commercially useful function."
a.A M/W/D/BE performs a commercially useful function when it is
responsible for execution of the work of the contract and is carrying out its
responsibilities by actually performing, managing, and supervising the
work involved. To perform a commercially useful function, the M/W/D/BE
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must also be responsible, with respect to materials and supplies used on
the contract, for negotiating price, determining quality and quantity,
ordering the material, and installing (where applicable) and paying for the
material itself. To determine whether an M/W/D/BE is performing a
commercially useful function, the City will evaluate the amount of work
subcontracted, industry practices, whether the amount the firm is to be
paid under the contract is commensurate with the work it is actually
performing and the M/W/D/BE credit claimed for its performance of the
work and other relevant factors.
b. A M/W/D/BE does not perform a commercially useful function if its role is
limited to that of an extra participant in a transaction, contract, or project
through which funds are passed in order to obtain the appearance of
M/W/D/BE participation. In determining whether a M/W/D/BE is such an
extra participant, the City will examine similar transactions, particularly
those in which M/W/D/BE's do not participate.
c. If a M/W/D/BE does not perform or exercise responsibility for at least thirty
percent (30%) of the total cost of its contract with its own work force, or the
M/W/D/BE subcontracts a greater portion of the work of a contract than
would be expected on the basis of normal industry practice for the type of
work involved, then it is not performing a commercially useful function.
d. When an M/W/D/BE is presumed not to be performing a commercially
useful function as provided in Subsection (D)(2)(c) of this Section, the
M/W/D/BE may present evidence to rebut this presumption. The City may
determine that the firm is performing a commercially useful function given
the type of work involved and normal industry practices.
3. Businesses that maintain a distribution warehouse or manufacturing operation
will receive M/W/D/BE credit of sixty percent (60%). Those that do not maintain
a distribution warehouse or manufacturing operation will be considered a
broker and receive a five (5) percent credit.
4. Eligibility as a M/W/D/BE will be periodically reviewed and may be revoked at
any time if the entity no longer meets the above requirements.
(E) Additional Requirements for Public Works Contracts. All bidders for public works
contracts must comply with the below specifications in bid submission and during the
project for a successful bidder. The City Council may, by a majority vote of the members
present, waive any of these requirements for an Evanston-Owned Business Enterprise
as defined in Section 1-17-1(D)(1) or a Nearby Business Enterprise as defined in
Section 1-17-1(E)(1).
1.Definitions. For the purposes of this Subsection, the following definitions
apply:
APPRENTICESHIP
TRAINING
PROGRAM.
A program approved and registered by the United States
Department of Labor’s Office of Apprenticeship, or its successor
organization, that has graduated at least five (5) apprentices in
each other past five (5) years for each of the construction crafts
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the bidder will perform on the project. Evidence of graduation
rates are not required for apprentice able crafts dedicated
exclusively to the transportation of material and equipment to and
from the public works project.
BIDDER.that submits a bid in response to a City of EvanstoncontractorA
Proposal.forRequest
COMMERCIALLY
USEFUL
FUNCTION.
theofexecutiontheforresponsibleisthatenterprisebusinessA
out its responsibilities bycarryingisandcontracttheofwork
supervising the workandmanaging,performing,actually
involved.
NEARBY
BUSINESS
ENTERPRISE
(“NBE”).
Evanstonofmiles(5)fivewithinlocatedenterprisebusinessA
a minimum of one (1) year and performs aforlimitsCity
useful function.commercially
PUBLIC WORKS
CONTRACT.
Any construction, alteration, demolition, or repair work done
under contract on City owned property.
RELIABLE,
RESPONSIVE AND
ACCEPTABLE
BIDDER.
respectsmaterialallinconformsthatbidasubmitswhobidderA
bids. Thisinvitation fortheand criteria inrequirementsto the
mannerprecisetheperform inpromises tothe bidmeans
requested by the government, and any minor irregularities in the
responsiveness.defeatnotshallbid
2.Excessive Pass Through Prohibited. Any bidder must directly perform at
least 25% of the services identified in the project solicitation. The named bidder
submitting the bid must be the entity directly performing the services. Any affiliates
and/or subsidiaries shall not contribute to the minimum performance percentage
required.
3. Apprenticeship Training Program Required.
(a) Public Works contracts for over $25,000 amount or greater shall only be
let to: (i) a contractor with evidence of participation in an Apprenticeship Training
Program applicable to the work to be performed on the project; or (ii) a contractor
who has satisfied the experience requirements under subsection (d).
(b) All contracts submitted to the City Council must identify whether the
contractor meets this requirement.
(c) Required evidence of participation in an apprenticeship program includes
but is not limited to a copy of all applicable apprenticeship standards and
Apprenticeship Agreement(s) for any apprentice(s) who will perform work on the
public works project; and documentation from each applicable apprenticeship
program certifying that it has graduated at least five (5) apprentices in each of the
past five (5) years for each construction craft the bidder will perform on the project.
(d) Contractors may alternatively satisfy this requirement by certifying that all
workers who will perform work on the public works project have relevant experience
in lieu of participation in an apprenticeship program. Relevant experience may
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include: (i) performing at least 1,800 hours of work in the trade the worker will
perform on the public works project over the preceding two (2) years; (ii) completion
of an apprenticeship program in the trade the worker will perform on the public
works project; or (iii) obtaining a journeyman credential in the trade the worker will
perform on the public works project. Required evidence to be eligible under this
section includes but is not limited to W-2 records, journeyman credentials,
apprenticeship completion cards, or certificates of graduation from apprenticeship
programs.
(e) Additional evidence of apprenticeship participation, graduation
requirements, or previous experience may be requested by the City of Evanston in
its discretion.
4.Occupational Safety and Health Administration Safety Cards Required.
Prior to beginning work for the City, the bidder shall certify that all employees for the
contractor that will be on the work site shall have completed a ten hour (10) or greater
OSHA safety program. The contractor must submit copies of the employees’ OSHA
cards to the City prior to the project commencing.
5.Near Business Enterprises. In the absence of an Evanston Business
Enterprise as required by City Code 1-17-1(B), the City shall award the contract for the
public works contract to the lowest bid price or lowest evaluated quote/bid price from a
responsive or responsible NBE, provided that the NBE’s bid price does not surpass the
lowest bid price or lowest evaluated bid price from a responsible and responsible non
NBE or EBE business by more than three percent (3%).
a.An NBE shall perform a commercially useful function.
i. To determine whether an NBE is performing a commercially useful
function, the City will evaluate the amount of work subcontracted, industry
practices, whether the amount the firm is to be paid under the contract is
commensurate with the work it is actually performing and the NBE credit
claimed for its performance of the work and other relevant factors.
ii. An NBE does not perform a commercially useful function if its role
is limited to that of an extra participant in a transaction, contract, or project
through which funds are passed in order to obtain the appearance of NBE
participation. In determining whether an NBE is such an extra participant,
the City will examine similar transactions, particularly those in which NBEs
do not participate.
iii. If an NBE does not perform or exercise responsibility for at least
thirty (30) percent of the total cost of its contract with its own work force, or
the NBE subcontracts a greater portion of the work of a contract than
would be expected on the basis of normal industry practice for the type of
work involved, then it is not performing a commercially useful function.
iv. When an NBE is presumed not to be performing a commercially
useful function as provided in Subsection (B)1c of this Section, the EBE
may present evidence to rebut this presumption. The City may determine
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that the firm is performing a commercially useful function given the type of
work involved and normal industry practices.
b. In determining whether a business has been located in Evanston or within
five (5) miles of Evanston City limits for one (1) year, the MWEBE
Committee will consider the following:
Whether the vendor pays property and/or sales taxes in Evanston,i.
or, in the case of a NBE, in a community that is within five (5) miles of City
limits; and
Whether the business entity's address or the address given on theii.
federal and/or state income tax return is within Evanston or, in the case of
a NBE, in a community that is within five (5) miles of City limits.
The date of issuance of an Evanston business license or, in theiii.
case of a NBE, the date of issuance of a business license by a community
located within five (5) miles of City limits.
The City may waive the one-year requirement if the entity providesiv.
evidence of a substantial commitment to Evanston.
Businesses that maintain a distribution warehouse or which manufacturec.
in Evanston will receive EBE credit of sixty (60) percent and one hundred
(100) percent, respectively. Those that do not maintain a distribution
warehouse or manufacturing operation but have an office in Evanston will
be considered a broker and receive a five (5) percent credit.
d.Eligibility as an NBE will be periodically reviewed and may be revoked at
any time if the entity no longer meets the above requirements.
6.Certifications Required at time of Bid Submittal. All bidders, including any
subcontractors included in the bid, as applicable, shall be compliant and shall submit
certification of compliance with the following at the time of the bid submittal:
a.The Prevailing Wage Act, 820 ILCS 130/1 et seq.
i. Compliance with the Prevailing Wage Act is required for the
previous five (5) years and certification that the contractor has not
been found in violation of the Prevailing Wage Act by the Illinois
Department of Labor; and
ii. A contractor who has been found by the Illinois Department
of Labor to be in violation of the Prevailing Wage Act twice in a five-
year (5) period shall be barred from bidding for a Public Works
Contract for four (4) years from the date of the most recent finding
from the Illinois Department of Labor.
b.The Substance Abuse Prevention on Public Works Project Act, 820
ILCS 265/1 et seq;
i. Compliance with the Substance Abuse Prevention on Public
Works Act must include a copy of its written program for the
prevention of substance abuse pursuant to the Act.
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c. The Workers’ Compensation Act, 820 ILCS 305/1 et seq.;
i. A copy of the applicable workers’ compensation policy must
be submitted to the City along with documentation of the
Illinois Department of Labor registration. The bidder shall
additionally certify that all employees are properly classified
under the workers’ compensation policy.
d. The Unemployment Insurance Act, 820 ILCS 405/100, et seq.;
i. A copy of the applicable Illinois Department of Employment
Security current registration.
e. 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 subsection shall not apply;
f. A copy of the current registration with the Illinois Department of
Revenue, if the bidder has employees;
g. A disclosure of any federal, state or local tax liens or tax
delinquencies against the bidder or any officers of the bidder in the
last five (5) years;
Compliance with the Federal Davis-Bacon Act and Related Acts, ifi.
applicable;
Compliance with the Employee Classification Act 820 ILCS 185/1,j.
et seq.
i.All contractors and subcontractors shall submit certified
payrolls as specified in Illinois Public Act 94-0515.
k.All applicable professional or trade licensure, including
documentation of said licenses, certification that all licenses are
current, and disclosure of any suspension or revocation of such
license held by the company, or of any director, officer or manager
of the company;
l.Certification of compliance with 720 ILCS 5/33E-11 and that the
bidder is not barred from contracting with any unit of State or local
government as a result of a violation of 720 ILCS 5/33E-3,4;
m.Certification that all individuals who perform work 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; and
n.Disclosure of any determinations by a court, State or Federal
agency of violations of any federal, state or local laws, including but
not limited to OSHA, contracting or antitrust laws, tax or licensing
laws, environmental laws or the Federal Davis-Bacon and Related
Acts.
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Any bidder who fails to adhere to this Subsection shall be deemed disqualified from the
bid process. If a bidder or contractor has a material change to the information provided
to the City of Evanston, the bidder or contractor must notify the City within fourteen (14)
days of this material change in writing. Failure to self-report a material change may
result in disqualification from the bid.
7.Subcontractors. A bidder shall submit documentation including the name
and address of each subcontractor from whom the bidder 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 of Evanston. Each contractor shall submit all subcontractor information and
supporting documentation to the City of Evanston prior to the subcontractor
commencing work on the project. It shall be the responsibility of the bidder to ensure
its subcontractors comply with all of the requirements of this Code, including the timely
and complete submittals of all required documentation and full compliance with all
obligations set forth in this Section.
8.Certification for 12-Month Period. In anticipation of bidding on a project, a
contractor may submit the certifications identified in the preceding section to the City’s
Purchasing Manager or their designee. The Purchasing Manager or their designee
shall review the certifications for completeness. Upon review, if the certifications are
complete, the Purchasing Manager or their designee shall advise the contractor of same
via an email address designated by the contractor. If the certifications are incomplete,
the contractor shall be also notified via email and given fourteen (14) days to complete
the submission. Once the certifications are completed, the contractor shall be notified
of a “Certification for 12-Month Period” and shall not be required to resubmit these
certifications for a period of twelve (12) months following the notification. Any material
changes to these certifications shall be reported in writing to the City’s Purchasing
Manager or designee. In the event that these documents are still required to be
submitted by a State or federal agency that is contributing funding to a project, this
provision shall not apply.
9.Projects of Similar Size and Scope. In projects in the amount of $25,000
or greater, bidders shall identify and submit documentation with their bid of relevant
experience on projects of similar size and scope in the past five (5) years and submit
references for same. Projects of similar size and scope shall be as further defined and
outlined in the request for proposal (“RFP”). The bidder shall also identify any civil
judgments, mediation or arbitration awards against it for default, breach, or damages
due to delay or work inadequately performed. Information submitted pursuant to this
section shall be considered in determining responsible bidders for the project at issue.
10.Statement of Past Performance. Bidders shall submit with their bid a
record of all work performed for public bodies completed in the prior three (3) years.
Such statements shall include the name of the public body, the type of work performed,
the original contract price, the final contract price, the names of all subcontractors used
and if liquidated damages were assessed.
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11.Public Records. All information submitted by a successful bidder pursuant
to this Section are subject to review pursuant to the Illinois Freedom of Information Act
(5 ILCS 140/1 et seq.).
(E) (F)Contractor Debarment, Suspension, and Prohibited Contracts.
1.Definitions. For the purposes of this Subsection, the following definitions apply:
CITY
MANAGER.
The City of Evanston City Manager or his/her designee.
CONTRACTOR.A person, partnership, corporation, or other entity that has
contracted with, or is seeking to contract with, the City to construct a
public improvement, to provide goods to, or perform services for or
on behalf of the City. A contractor includes a contractor,
subcontractor, vendor, or any person or entity who or which owns
an interest of ten percent (10%) or more in a contractor,
subcontractor, or vendor.
DEBARMENT.An action taken by the City which results in a contractor being
prohibited from bidding or proposing on, being awarded or
performing work on a contract with the City. A contractor who has
been determined by the City to be subject to such a prohibition is
debarred.
2.Effect of Debarment or Suspension. A debarred or suspended contractor is
prohibited from bidding or proposing or being awarded or performing work on a
contract with the City during the period of debarment or suspension.
3.Debarment or Suspension. The City Manager is authorized to debar or
suspend a contractor for just cause. The period of debarment or suspension
will be determined by the City Manager in consultation with the Corporation
Counsel, on a case by case basis. Debarment or suspension may be lifted for
good cause shown. Reasons for debarment or suspension include, but are not
limited to, the following:
a.Commission of fraud or a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract or in the
performance of such a contract or subcontract;
b.Conviction or indictment under a State or Federal statute of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, receiving stolen property, or any other offense indicating a lack of
business integrity or business honesty which affects responsibility as a
vendor or contractor;
c.Conviction or indictment under a State or Federal antitrust statute;
d.A finding by a State or Federal agency with statutory authority to
adjudicate civil rights violations, or by a judge or jury in a State or Federal
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court of competent jurisdiction, that the vendor or contractor has violated
State or Federal civil rights statutes in its hiring or business practices;
e.Failure or default without good cause to perform in accordance with the
terms of any contract and the associated supporting documents or
unsatisfactory performance of any contract and the associated supporting
documents with the City;
f.Disqualification or rejection of a bid by the vendor on three (3) or more
occasions within a three (3) year period;
g.Commission of an act or omission indicating a lack of business integrity or
business honesty;
h.Debarment, disqualification of suspension by another government entity
for any reason; or
i.Any Federal or State funding that, by law, rule, or regulation, precludes the
City from paying a contractor from those funding.
4.Procedure. Before a contractor is debarred or suspended, written notice of
debarment or suspension must be provided to that contractor. Such notice
must apprise the contractor of the reasons for the debarment or suspension
and must inform the contractor of the right to be heard before the City
Manager. The City Manager must grant a reasonable opportunity for the
debarred or suspended contractor to be heard on the issue of said disbarment
or suspension, if the contractor submits a request in writing within seven (7)
calendar days of the mailing of the written notice. The City Manager will make
a final determination after consulting with Corporation Counsel.
5.Assignment of Contracts. No contract will be assigned or sublet by the
successful bidder without the consent of the City Manager.
6.Prohibited Bidders and Contractors.
a.Unless otherwise provided, no contractor will bid or enter into a contract or
subcontract under this Subsection if the business or any officer, director,
partner, or other managerial agent of the business has been convicted of a
felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2
felony under the Illinois Securities Law of 1953 for a period of five (5)
years from the date of conviction.
b.Every bid submitted to and contract executed by the City and every
subcontractor will contain a certification by the bidder, contractor, or
subcontractor, respectively, that the bidder, contractor, or subcontractor is
not barred from being awarded a contract or subcontract under this
Section and acknowledges that the City Manager will declare the related
contract void if any of the certificates completed pursuant to this
Subsection (b) are false.
7.Debt Delinquency.
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a.No person will submit a bid for or enter into a contract or subcontract
under this Section if that person knows or should know that they or any
affiliate is delinquent in the payment of any debt to the City, unless the
person or affiliate has entered into a deferred payment plan to pay off the
debt.
b.Every bid submitted to and contract executed by the City and every
subcontract will contain a certification by the bidder, contractor, or
subcontractor, respectively, that the contractor or the subcontractor and its
affiliate is not barred from being awarded a contract or subcontract under
this Section and acknowledges that the City Manager may declare the
related contract void if any of the certifications completed pursuant to this
Subsection (b) are false.
8.Voidable Contracts.
a.If any contract or amendment is entered into or purchase or expenditure of
funds is made at any time in violation of this Subsection or any other law,
the contract or amendment may be declared void by the City Manager or
may be ratified and affirmed, provided the City Manager determines that
ratification is in the best interests of the City. If the contract is ratified and
affirmed, it will be without prejudice to the City's rights to any appropriate
damages.
b.If, during the term of a contract, the City Manager determines that the
contractor is delinquent in the payment of debt as set forth in Subsection
1-17-1(E)(7), the City Manager, or his/her designee, may declare the
contract void if he/she determines that voiding the contract is in the best
interests of the City.
c.If, during the term of a contract, the City Manager determines that the
contractor is in violation of Subsection 1-17-1(E)(6), the City Manager will
declare the contract void.
d.If, during the term of a contract, the contracting agency learns from an
annual certification or otherwise determines that the contractor no longer
qualifies to enter into City contracts under this Section, the City Manager
may declare the contract void if he/she determines that voiding the
contract is in the best interests of the City.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this Ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
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without the invalid application or provision, and each invalid application of this
Ordinance is severable.
SECTION 4: This Ordinance shall be in full force and effect beginning
upon passage.
SECTION 5: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: _________________, 2025
Adopted: ___________________, 2025
Approved:
__________________________, 2025
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B, Ruggie, Corporation Counsel
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