The Minority, Women, Disadvantage and Evanston Business Enterprises Committee is currently debating a Responsible Bidder Ordinance, which would establish “fair” criteria and standards for businesses applying to take on city projects. 

Ald. Clare Kelly (1st) proposed the ordinance in March with co-sponsors Ald. Tom Suffredin (6th) and Mayor Daniel Biss, as well as support from many local construction trade unions. Kelly aims to bring the ordinance to City Council by February.

The RBO would require bidders and subcontractors on public works contracts of at least $25,000 to businesses to have apprenticeship programs, a program for the prevention of substance abuse and increased safety training.

The Illinois Economic Policy Institute says RBOs ensure that quality standards, levels of craftsmanship and economic development practices would be met. 

RBOs have already passed in Des Plaines, Forest Park, Oak Forest and Cook County.

The Carpenters Local 58 Union and Laborers Local One declined to comment on the ordinance. 

However, last year, local labor organizers, including some members of Carpenters Local 58 Union and Laborers Local One, rallied on Sherman Avenue in October of 2023 to support the ordinance with a fleet of giant inflatable rats. The protesters pointed out that the lower bidder isn’t always the “best.”

“I proposed this ordinance to really provide our city, our city council and our taxpayers with more solid assurances that we’ll use objective criteria when seeing what bidder’s responsible,” Kelly said. “It’s like a ‘protection plan’ for our city government.”

Kelly said the city has had continued issues with projects. With these concerns, Kelly looked to see what the city could do to ensure bidders who work on those projects are experienced, she said.

In particular, Kelly referenced the Fountain Square leaks as an example of these issues in a letter to the editor in the Evanston Roundtable. The city determined the leaks were because the wrong valves had been installed. 

The answer she came across was a Responsible Bidder Ordinance, Kelly said. She said the legislation has been very successful in other counties.

“We can make sure that we’re not hiring firms that have had constant overruns or even job injuries,” Kelly said. “Taxpayers end up picking up the tab for that.”

Previously, the city did not require bidders to have any established apprenticeship programs. If the proposed ordinance passes, bidders will be required to provide documentation demonstrating that they have “actively participated for at least 12 months before the date of the bid opening, in apprenticeship training programs applicable to the work to be performance on the project.” 

Each program must also have had at least five apprentices for each year of the past five years and require each employee to complete 10 hours or more of OSHA safety programming.

Michael McLean Jr., M/W/D/EBE Development Committee member and managing partner at Condor Partners, said he is concerned the ordinance does not provide a pathway for local disadvantaged businesses without extensive apprenticeship programs to participate. 

“There’s a requirement to participate in some sort of apprenticeship program in order to be a qualified bidder,” McLean Jr. said. “We don’t know what that means right now. The only apprenticeship programs we know of are union apprenticeship programs, which are not open and available to every resident of Evanston.”

McLean Jr. said the ordinance needs to accommodate local businesses by creating an apprenticeship program that all Evanston-based businesses could participate in. However, he said it is unclear how to create one. The M/W/D/EBE Development Committee is currently exploring how to make the ordinance equitable for everyone in Evanston, McLean Jr. said. 

“I think if there were pathways for all Evanston businesses to participate, it would be much more readily supportable,” McLean Jr. said. “As it is, I don’t see any pathways for local businesses who are not already affiliated with the union to participate.”

Kelly said she expects the M/W/D/EBE Development Committee to recommend the ordinance for Council when it comes back to the committee in December.

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