(A) In all contracts related to capital projects procured through § 5-5-11 or § 14-7-2-1, the Director of the Department of Municipal Development, upon receiving a recommendation by any City Councilor, the Deputy Director of the Department of Municipal Development, or any other Department Director, may evaluate the past performance of an entity doing business with the city pursuant to the above-referenced sections and determine that the contractor is not a responsible offeror. In the evaluation of the performance of a contractor, the following factors shall be considered:
(1) Timeliness of performance;
(2) Quality of performance;
(3) Compliance with the Air Quality Control Act;
(4) Compliance with the Street Excavation and Barricading Ordinance;
(5) Compliance with the Noise Ordinance;
(6) Compliance with labor laws regarding payment of wage rates;
(7) Poor performance causing delays in performance by other contractors;
(8) Failure to comply with safety laws, rules and regulations;
(9) Failure to accept responsibility for managing claims arising out of the performance of their contracts;
(10) Or any other factor which, singly or in combination with the above, results in a determination by the department director that the proposed contracting entity is not a responsible offeror.
(B) Any such determination of non-responsibility made by the Director of the Department of Municipal Development shall be sent to the contractor by certified mail, return receipt requested. A determination of non-responsibility shall continue until such time as the Director of the Department of Municipal Development, based on contract performance occurring after the determination, then determines that the offeror has improved its performance sufficient to be deemed responsible. Any determination of non-responsibility may be protested pursuant to § 5-5-23.
(Ord. 27-2005)