Responsible Bidder Notice

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NOTICE

The City of Joliet has adopted a Responsible Bidder Ordinance (2-440).  In addition to any other requirement, unless otherwise expressly stated in a bid solicitation or an award of contract, or applicable state or federal law or regulation states otherwise, all bidders must comply with the following requirements in order to submit a bid or be awarded a contract.

The bidder must be a duly organized legal entity in good standing with the Illinois Secretary of State and in compliance with all laws prerequisite to doing business in the state and submit a copy of the Illinois Secretary of State Department of Business Services online records evidencing that the bidder has a current corporate annual report on file, if required.  If the bidder is an individual, sole proprietorship, or partnership, this subsection shall not apply.

The bidder must have a valid Federal Tax Identification Number or Social Security Number (for individuals), documents evidencing current registration with the Illinois Department of Revenue and the Illinois Department of Employment Security (if bidder has employees).

The bidder must be an equal opportunity employer and comply with Section 2000(e) of Chapter 21, Title 42 of the United States Code and Executive Order 11246.

 The bidder shall provide certificates of insurance indicating the following coverages if called for in the bid solicitation: general liability, workers compensation, completed operations, automobile, hazardous occupation, and product liability.

 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” which includes the name and address of the insured, as well as class codes upon which the compensation premium is based and the total estimated remuneration per class code.

 A statement of compliance with all provisions of the Illinois Prevailing Wage Act (820 ILCS 130), as amended, and all the rules and regulations therein, for the past five (5) years.  Such statement shall also provide that the contractor has reviewed the Prevailing Wage Act or the 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, including wages, medical and hospitalization insurance and retirement for those trades covered in the Act.  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 to not be Responsible Bidder for two (2) years from the date of the latest finding.

 Certification of compliance with the Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1, et seq.).

 A certification that individuals who 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.

 Documents evidencing any professional or trade licenses required by law or local ordinance for any trade or specialty 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.

For construction contracts (construction of new facilities, renovation of existing facilities, or road construction projects), or demolition contracts, over $25,000 (twenty five thousand dollars), 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.

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 prior to the subcontractor commencing work on the project.

Unless otherwise agreed to in a collective bargaining agreement, the bidder shall certify that it provides, or contributes to, a health care plan for those employees working on the project and shall provide a copy of the health care plan upon request.  The contributions toward a health care plan must be part of the employee’s regular compensation, and not merely part of the employee’s compensation during the period of time for which the employee is performing work on the project.

 Unless otherwise agreed to in a collective bargaining agreement, the bidder shall certify that it contributes to an employee pension or retirement program, including but not limited to a 401k, a defined benefit plan or a similar plan for its field employees working on the project and shall provide a copy of the plan upon request.  The contributions toward a pension or retirement program must be a part of the employee’s regular compensation and not merely part of the employee’s compensation during the period of time for which the employee is performing work on the project.

 Certification that the bidder has not been subject to 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.

 Whenever practical, the bidder should prequalify as a local bidder.

Any material changes to the contractor’s status, at any time during the performance of the project, 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 non-responsible bidder.

The submission requirements of this Ordinance also apply to subcontractors, except that the contractor shall submit all subcontractor submissions to the city prior to the subcontractor commencing work on the project.  Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder.  However, the city may withhold all payments otherwise due for work performed by a subcontractor until the subcontractor submits the required information and the city approves such information.  Further, where the city deems necessary, the city may also require that the successful bidder remove the subcontractor from the project and replace it with a responsive and responsible subcontractor.

CERTIFICATIONS/ATTACHMENTS

For each required certification or submission, the bidder shall comply with the appropriate subsection of the City of Joliet code of ordinances by initialing the page and/or attaching the required documentation to the page.

The certification pages should be initialed and submitted with the bid along with the required attachments.

There are 16 certification pages and a checklist that follows.

2-440(1) - The bidder must be a duly organized legal entity in good standing with the Illinois Secretary of State and in compliance with all laws prerequisite to doing business in the state and submit a copy of the Illinois Secretary of State Department of Business Services online records evidencing that the bidder has a current corporate annual report on file, if required.  If the bidder is an individual, sole proprietorship, or partnership, this subsection shall not apply.

I hereby certify that the bidder is a duly organized legal entity in good standing with the Illinois Secretary of State and in compliance with all laws prerequisite to doing business in the state.

____________

Initials of bidder


Or:


I certify that the bidder is an individual, sole proprietor, or partnership.


_____________

Initials of bidder


Attachment: Illinois Secretary of State Department of Business Services online records evidencing that the bidder has a current corporate annual report on file (if required).


Mark attachment as “Attachment A”


2-440(2) - The bidder must have a valid Federal Tax Identification Number or Social Security Number (for individuals), documents evidencing current registration with the Illinois Department of Revenue and the Illinois Department of Employment Security (if bidder has employees).


Attachment:  Documents evidencing current registration with the Illinois Department of Revenue and the Illinois Department of Employment Security (if bidder has employees).


Mark attachment as “Attachment B”


2-440(3) - The bidder must be an equal opportunity employer and comply with Section 2000(e) of Chapter 21, Title 42 of the United States Code and Executive Order 11246.


I certify that the bidder is an equal opportunity employer and is in compliance with Section 2000(e) of Chapter 21, Title 42 of the United States Code and Executive Order 11246.


_____________

Initials of bidder


2-440(4) - The bidder shall provide certificates of insurance indicating the following coverages if called for in the bid solicitation: general liability, workers compensation, completed operations, automobile, hazardous occupation, and product liability.


Attachments:  Certificates of insurance indicating the following coverages as called for in the bid solicitation.


Mark attachment as “Attachment C”


2-440(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” which includes the name and address of the insured, as well as class codes upon which the compensation premium is based and the total estimated remuneration per class code.


I certify that all employees are (i) covered under a current workers’ compensation insurance policy, and (ii) properly classified under such policy.


_____________

Initials of bidder


Attachment: “Information Page” which includes the name and address of the insured, as well as class codes upon which the compensation premium is based and the total estimated remuneration per class code (if applicable). 


Mark attachment as “Attachment D”



2-440(6) - A statement of compliance with all provisions of the Illinois Prevailing Wage Act (820 ILCS 130), as amended, and all the rules and regulations therein, for the past five (5) years.  Such statement shall also provide that the contractor has reviewed the Prevailing Wage Act or the 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, including wages, medical and hospitalization insurance and retirement for those trades covered in the Act.  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 to not be Responsible Bidder for two (2) years from the date of the latest finding.


I certify that the bidder is in compliance with all provisions of the Illinois Prevailing Wage Act (820 ILCS 130), as amended, and all the rules and regulations therein, and has been for the past five (5) years. 


_____________

Initials of bidder


I certify that that the contractor has reviewed the Prevailing Wage Act or the 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, including wages, medical and hospitalization insurance and retirement for those trades covered in the Act.


_____________

Initials of bidder

2-440(7) - Certification of compliance with the Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1, et seq.).


I certify that the bidder is in compliance with the Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1, et seq.).


_____________

Initials of bidder


2-440(8) - A certification that individuals who 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.


I certify that all individuals who 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.


_____________

Initials of bidder

2-440(9) - Documents evidencing any professional or trade licenses required by law or local ordinance for any trade or specialty 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.

 

Attachments: Documents evidencing any professional or trade licenses required by law or local ordinance for any trade or specialty in which the contractor is seeking a contract award. 

Mark attachment as “Attachment E”

 

Attachments:  Disclosure of any suspension or revocation of such license held by the company, or of any director, officer, or manager of the company.

Mark attachment as “Attachment E1”

 

Or


I certify that the contractor has not been the subject of any suspension or revocation of such license held by the company, or of any director, officer, or manager of the company.


_____________

Initials of bidder


2-440(10) - For construction contracts (construction of new facilities, renovation of existing facilities, or road construction projects), or demolition contracts, over $25,000 (twenty five thousand dollars), 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.

Attachments:  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.

Mark attachment as “Attachment F”

2-440(11) - 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 prior to the subcontractor commencing work on the project.

Attachments:  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.

Mark attachment as “Attachment G”

 

I certify and acknowledge that the bidder shall submit all subcontractor information and supporting documentation to the city prior to the subcontractor commencing work on the project.

_____________

Initials of bidder

2-440(12) - Unless otherwise agreed to in a collective bargaining agreement, the bidder shall certify that it provides, or contributes to, a health care plan for those employees working on the project and shall provide a copy of the health care plan upon request.  The contributions toward a health care plan must be part of the employee’s regular compensation, and not merely part of the employee’s compensation during the period of time for which the employee is performing work on the project.


I certify that the bidder provides, or contributes to, a health care plan for those employees working on the project and shall provide a copy of the health care plan upon request.  I further certify that these contributions are part of the employee’s regular compensation, and not merely part of the employee’s compensation during the period of time for which the employee is performing work on the project.

_____________

Initials of bidder

Or


I certify that the bidder is subject to a collective bargaining agreement which addresses issues regarding a health care plan.



_____________

Initials of bidder



2-440(13) - Unless otherwise agreed to in a collective bargaining agreement, the bidder shall certify that it contributes to an employee pension or retirement program, including but not limited to a 401k, a defined benefit plan or a similar plan for its field employees working on the project and shall provide a copy of the plan upon request.  The contributions toward a pension or retirement program must be a part of the employee’s regular compensation and not merely part of the employee’s compensation during the period of time for which the employee is performing work on the project.



I certify that the bidder contributes to an employee pension or retirement program, including but not limited to a 401k, a defined benefit plan or a similar plan for its field employees working on the project and shall provide a copy of the plan upon request.  These contributions toward a pension or retirement program are part of the employee’s regular compensation and not merely part of the employee’s compensation during the period of time for which the employee is performing work on the project.


_____________

Initials of bidder

 

Or


I certify that the bidder is subject to a collective bargaining agreement which addresses contributions to an employee pension or retirement program, including but not limited to a 401k, a defined benefit plan or a similar plan for its field employees working on the project and shall provide a copy of the plan upon request.


_____________

Initials of bidder


2-440(14) - Certification that the bidder has not been subject to 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.



I certify that the bidder has not been subject to 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.



_____________

Initials of bidder


2-440(b) - Any material changes to the contractor’s status, at any time during the performance of the project, 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 non-responsible bidder.



I certify and acknowledge that any material changes to the contractor’s status, at any time during the performance of the project, 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 non-responsible bidder.


_____________

Initials of bidder


2-440(d) - The submission requirements of this Ordinance also apply to subcontractors, except that the contractor shall submit all subcontractor submissions to the city prior to the subcontractor commencing work on the project.  Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder.  However, the city may withhold all payments otherwise due for work performed by a subcontractor until the subcontractor submits the required information and the city approves such information.  Further, where the city deems necessary, the city may also require that the successful bidder remove the subcontractor from the project and replace it with a responsive and responsible subcontractor.



I certify and acknowledge that the submission requirements of this Ordinance also apply to subcontractors.  I further acknowledge that the city may withhold all payments otherwise due for work performed by a subcontractor until the subcontractor submits required information and the city approves such information.  I further acknowledge that where the city deems necessary, the city may also require that the successful bidder remove the subcontractor from the project and replace it with a responsive and responsible subcontractor.



_____________

Initials of bidder



CERTIFICATION CHECKLIST

 

Initial bottom of page to certify that required certifications and attachments are complete.

Bidders/Contractor are required to certify to the following items:


2-440(1) – Good standing with S.O.S.                                                    ________

2-440(3) – Equal opportunity employer                                                   ________

2-440(5) – Workers’ compensation coverage                                          ________

2-440(6) – Prevailing Wage Act                                                              ________

2-440(7) – Substance Abuse Prevention on Public Works Act                  ________

2-440(8) – Employees properly classified                                               ________

2-440(9) – Contractor properly licensed                                                  ________

2-440(11) – Disclosure of subcontractor information                                ________

2-440(12) – Employee health care plan                                                  ________

2-440(13) – Employee retirement plan                                                    ________

2-440(14) – OSHA compliance                                                              ________

2-440(b) – Required reporting of change in status                                   ________

2-440(d) – Required updating of subcontractor information                      ________


Bidders/Contractor are required to attach the following documents:

2-440(1) – S.O.S. annual report (if required)                                           ________

2-440(2) – Registration with IDOR and IDES                                           ________

2-440(4) – Certificates of insurance                                                        ________

2-440(5) – Information page regarding workers’ compensation                 ________

2-440(9) – Professional or trade licenses required                                   ________

2-440(9) – Disclosure of suspension or revocation of license                   ________

2-440(10) – Apprenticeship standards or agreements (if required)            ________

2-440(11) – List of subcontractors                                                          ________

I certify that all required certifications and attachments are included in the bid documents

       _____________

      Initials of bidder