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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the Local | ||||||
| 5 | Government Construction Contract Bidders Act. | ||||||
| 6 | Section 5. Construction contracts; responsible bidder | ||||||
| 7 | requirements. To be considered a responsible bidder on a | ||||||
| 8 | construction contract with a unit of local government or school | ||||||
| 9 | district, a bidder must comply with all of the following | ||||||
| 10 | requirements and must present satisfactory evidence of that | ||||||
| 11 | compliance to the appropriate unit of local government or | ||||||
| 12 | school district: | ||||||
| 13 | (1) The bidder must comply with all applicable laws
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| 14 | concerning the bidder's entitlement to conduct business in | ||||||
| 15 | Illinois.
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| 16 | (2) The bidder must comply with all applicable
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| 17 | provisions of the Prevailing Wage Act.
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| 18 | (3) The bidder must comply with Subchapter VI ("Equal
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| 19 | Employment Opportunities") of Chapter 21 of Title 42 of the | ||||||
| 20 | United States Code (42 U.S.C. 2000e and following) and with | ||||||
| 21 | Federal Executive Order No. 11246 as amended by Executive | ||||||
| 22 | Order No. 11375.
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| 23 | (4) The bidder must have a valid Federal Employer
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| 1 | Identification Number or, if an individual, a valid Social | ||||||
| 2 | Security Number.
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| 3 | (5) The bidder must have a valid certificate of | ||||||
| 4 | insurance showing the following coverages: general | ||||||
| 5 | liability including product and completed operations | ||||||
| 6 | liability, professional liability that applies only to | ||||||
| 7 | design professionals, worker's compensation, and | ||||||
| 8 | automobile. | ||||||
| 9 | (6) The bidder and all bidder's subcontractors must
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| 10 | participate in applicable apprenticeship and training | ||||||
| 11 | programs approved by and registered with the United States | ||||||
| 12 | Department of Labor's Bureau of Apprenticeship and | ||||||
| 13 | Training.
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| 14 | (7) No later than 90 days before a solicitation for | ||||||
| 15 | bids subject to this Act, the bidder and all bidder's | ||||||
| 16 | subcontractors must have in place a substance abuse testing | ||||||
| 17 | program unless a substance abuse testing program is | ||||||
| 18 | specifically addressed under a collective bargaining | ||||||
| 19 | agreement. | ||||||
| 20 | The provisions of this Section do not apply to federally | ||||||
| 21 | funded construction projects if that application would | ||||||
| 22 | jeopardize the receipt or use of federal funds in support of | ||||||
| 23 | such a project. | ||||||
| 24 | Any contractor or subcontractor who does not comply with
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| 25 | this Section is subject to (i) a 20% penalty and an additional
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| 26 | 2% punitive penalty of the total contract bid, (ii) a 2-year
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| 1 | disbarment from bidding on contracts with the applicable unit | ||||||
| 2 | of local government or school district, or (iii) both (i)
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| 3 | (ii).
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