(a) Council hereby adopts the following submission requirements to determine the lowest and best bid for construction of public improvements.
(1) Contractors proposing to submit bids on any City of Chillicothe project, the value of which meets or exceeds $100,000.00 must, prior to the opening of bids, submit a statement made under oath on a form designated by the City and must include:
A. A list identifying all former business names, if applicable. Bidder must identify any businesses in which any owner, officer, director, manager or principal shareholder has at least a 25% interest, and must disclose the number of years the bidder has been in the construction business.
B. A statement as to past performance, which shall give an accurate and complete record of all public work completed in the past three (3) years by the contractor, giving the names and addresses of the projects, original contract price, final contract price, and the names of all subcontractors used, if applicable, and a statement as to compliance with completion deadlines.
C. A statement identifying and indicating the status of any litigation pending in state or federal court involving any governmental agency; also a statement identifying and indicating the status of any state or federal administrative proceeding or investigation including but not limited to matters involving the National Labor Relations Board, the United States Department of Labor, or the Wage and Hour Division of any state; and disclosure of any and all unsatisfied judgments, injunctions or liens obtained by a governmental agency against bidder.
D. Disclosure of any determination for violations of federal, state, or local laws, including OSHA violations, violations of any state prevailing wage laws, rules or regulations, or the federal Davis-Bacon act, including a list of all citations, orders or recommendations issued to or against the bidder within the previous six (6) years by any court, administrative or governmental tribunal. Bidder must include any and all federal, state or local debarments and findings of “non- responsibility”.
E. A statement on staffing capabilities, including labor sources; staffing plans whcih verify the bidder’s ability to comply with the apprentice ratio requirements set forth on the prevailing wage rate schedule attached to the bid specifications; and confirmation that all apprentices to be used on the project are registered with an apprenticeship training program approved by the State of Ohio or United States Department of Labor, Bureau of Apprenticeship and Training.
F. A good faith estimate of the percentage of the bidder’s project workforce that resides in the City of Chillicothe and South Central Ohio. For the purpose of this section, South Central Ohio is defined as Ross, Pickaway, Hocking, Vinton, Jackson, Pike, Highland, and Fayette Counties.
G. Disclosure of 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 for which the value of work performed by the subcontractor is at least fifteen thousand dollars ($15,000.00); each such subcontractor shall be required to adhere to the submission requirements set forth herein as though it were bidding directly to the City of Chillicothe at least ten (10) days prior to commencement of work by the subcontractor.
H. The name and description of the management experience of each of bidder’s project managers and superintendents that bidder intends to assign to work on the project.
I. Proof of any professional or trade license required by law for any trade or specialty area in which bidder is seeking a contract award; and disclosure of any suspension or revocation within the previous five years of any professional or trade license held by the company, or of any director, officer, or manager employed by the bidder.
J. A signed statement that the bidder has reviewed the applicable prevailing wage law, that the bidder has reviewed and agrees to pay the applicable prevailing wage rate as set forth in the prevailing wage rate schedule attached to the bid specifications, and that the bidder will strictly comply with O.R.C. 4115 and OAC 4101:9-4 (or federal Davis-Bacon and related requirements).
(2) The City of Chillicothe reserves the right to demand supplemental information, verify any of the information provided in advance of the bid date, and may also conduct random inquiries of the bidder’s prior customers.
(3) If a bidder fails to comply with subsection (a)(1)A. - J. it shall not be considered responsive. Therefore, the City of Chillicothe shall not consider the bidder’s submission for the purpose of awarding any public works contract.
(b) In addition to the affirmative disclosure requirements of subsection (a) hereof, the City of Chillicothe may consider the following non-exclusive factors to determine the lowest, responsive, responsible bid.
(1) The bidder’s utilization of a local workforce. “Local workforce” is defined as individuals that reside within the following counties within the State of Ohio: Ross, Pickaway, Hocking, Vinton, Jackson, Pike, Highland and Fayette.
(2) The experience level and continuity of bidder’s workforce.
(3) The number of years bidder has been in the construction business.
(4) Bidder’s familiarity with the specific project that is the subject of the construction contract.
(5) Bidder’s record on similar construction projects.
(6) Bidder’s history of cost overruns or change orders.
(7) Bidder’s compliance with competition deadlines on past projects.
(8) Bidder’s bonding record.
(9) Bidder’s compliance with Ohio Workers Compensation laws and regulations.
(10) Bidder’s compliance with state and federal unemployment compensation laws and regulations.
(11) Bidder’s compliance with federal and state prevailing wage laws and regulations.
(12) Bidder’s compliance with the Fair Labor Standards Act.
(13) Bidder’s history of compliance with the Ohio Drug Free Workplace Program.
(14) Bidder’s compliance with all Occupational Safety & Health Administration rules (“OSHA”) and regulations.
(15) Bidder’s record of compliance with all federal, state and local tax requirements.
(16) Bidder’s history of civil judgments or liens filed against it in a court of proper jurisdiction.
(17) The financial history of the owners, directors or principal shareholders of the bidder, including compliance with all federal, state and local tax requirements and bankruptcy filings.
(18) The criminal conviction history of the owners, directors or principal shareholders of the bidder.
(19) Bidder’s history of debarment from bidding on public projects with any federal, state or local public authority.
(20) Bidder’s credit rating provided by Experian, Transunion, Equifax or other major business credit rating service.
(21) Bidder’s project evaluations provided by the Ohio School Facility Commission or Facility Construction Commission.
(22) Whether a bidder has been assessed or paid liquidated damages for any construction project with either a public or private owner within the last ten (10) years.
(23) Whether a bidder provides health insurance to its workforce.
(24) Whether a bidder provides a pension, employee profit sharing or other type of retirement benefits to its workforce.
(c) All bid invitations and specifications for construction projects for the City shall advise prospective bidders of all of the factors listed above that may be taken into consideration by the City in determining whether a bidder is not only the lowest but the lowest, responsive, responsible bid.
(d) All bid forms and applications of construction projects for the City shall be modified to enable a bidder to provide evidence to the City of the bidder’s compliance with, adherence to, or satisfaction of the various factors listed above that may be considered by the City in determining the lowest, responsive, responsible bid.
(e) The above requirements shall be applicable to all bids received after the effective date of this chapter.
(Ord. 7-17. Passed 1-23-17.)