(a) Subsection (b) of this Section 1375.04 shall constitute the criteria for evaluating the responsibility of the apparent lowest bidder. The apparent lowest responsible bidder shall provide information necessary to ascertain the pecuniary and financial responsibility, accountability, reliability, skill, capacity, judgment, and integrity to do business in our community. In the event the apparent lowest bidder fails to furnish the requested information and/or the information provided demonstrates a lack of responsibility, the apparent lowest bidder shall be rejected and thereby is disqualified and the next lowest bidder shall become the apparent lowest responsible bidder.
(b) The Mayor or his designee shall require a bidder to furnish the following items:
(1) Description of its experience with projects of comparative size, complexity and cost within recent years, demonstrating the contractor's ability and capacity to perform a substantial portion of the project with its own forces;
(2) Documentation from previous projects regarding timeliness of performance, quality of work, extension requests, fines and penalties imposed and payment thereof, liens filed, history of claims for extra work, contract defaults, together with explanations of same;
(3) Identification and description of any projects within the previous five years in which the apparent lowest bidder was determined by a public entity not to be a responsible bidder, the reasons given by the public entity, together with an explanation thereof;
(4) An adequate demonstration of financial responsibility, which may include, in the Mayor's or his designee's discretion, a certified financial statement prepared by a certified public accountant, to assure that the apparent lowest bidder possesses adequate resources and availability of credit and the means and ability to procure insurance and bonds required for the project;
(5) Disclosure of any suspension or revocation of any professional license of any director, officer, owner or managerial employee of the apparent lowest bidder, to the extent that any such licensure is necessary to perform the work contemplated by the contract.
(6) Disclosure of any and all OSHA violations within the previous three years, as well as all notices of OSHA citations filed against the apparent lowest bidder in the same three-year period, together with a description and explanation of remediation or other steps taken regarding such violations and notices of violation;
(7) Disclosure of any and all violations within the previous five years pertaining to unlawful intimidation or discrimination against any employee by reason of race, creed, color, disability, sex or national origin and/or violations of an employee's civil or labor rights or equal employment opportunities;
(8) Disclosure of any litigation (including copies of pleadings) in which the apparent lowest bidder has been named as a defendant or third party defendant in an action involving a claim for personal injury or wrongful death arising from performance of work related to any project in which it has been engaged within the previous five years;
(9) Disclosure of allegations of violations of the prevailing wage law and any other State or Federal labor law, including, but not limited to, child labor violations, failure to pay wages, or unemployment insurance tax delinquencies or unfair labor practices within the past five years;
(10) Disclosure of violations of the workers compensation law;
(11) Disclosure of any criminal convictions or criminal indictments, involving the apparent lowest bidder, its officers, directors, owners and/or managerial employees, within the past five years;
(12) Disclosure of any violations within the past five years or pending claims concerning Federal, State or municipal laws, codes, rules and/or regulations, including any unfair labor practice or any other state or federal labor law violation; any violation of a workers compensation law, any violation of any anti-discrimination law;
(13) Disclosure of whether the contractor had been disqualified from any public project by virtue of having been found to be not responsible.
(14) Disclosure of whether the contractor has a performance bond canceled or had a claim made on a performance bond.
(15) Disclosure of whether the contractor has been fined or had penalties imposed as a result of untimeliness in completing a project.
(16) Disclosure of whether the contractor has been found in default or failed to complete any project in accordance with contract requirements.
(17) Documentation of whether the contract has to file any required tax returns or failed to pay any required taxes to any governmental entity.
(18) Documentation of whether neither the contractor, high level management personnel nor any owners has been convicted of a criminal offense in connection with obtaining, attempting to obtain, and/or performing any public or private contract.
(19) Documentation of whether neither the contractor, high level management personnel nor any owners has been convicted of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property.
(20) Documentation that the contractor provides health insurance and pension benefits to its employees;
(21) Documentation that the contractor has a substance abuse program that includes testing and treatment.
(22) Documentation that the contractor has a written safety and health program that includes training, inspections and a complaint procedure.
(23) Documentation of the contractor's participation and contributions to a bona fide apprenticeship program;
(24) Documentation that the contractor currently employs or has a reliable source for hiring sufficient qualified skilled, safety-trained workers to perform the project.
(25) Identification of whether the contractor's workforce is drawn mainly from area residents;
(26) Identification of all work to be subcontracted. All subcontractors are also subject to the approval of the Mayor or his designee based on the above considerations.
(c) In the event the amount of the lowest bid appears disproportionately low when compared to estimates undertaken by or on behalf of the City and/or compared to other bids submitted, the Mayor or his designee reserves the right to inquire further of the apparent lowest bidder to determine whether the bid contains mathematical errors, omissions and/or erroneous assumptions, and whether the apparent lowest bidder has the capability to perform and complete the contract for the bid amount.
(d) In determining whether a contractor is a responsible bidder under this section, the Mayor or his designee shall evaluate the information required to be furnished by bidders. Neither the Mayor, nor his designee, nor the City shall have any independent duty to verify the bidder representations and disclosures required Section 1375.04(b). The Mayor or his or her designee reserves the right to request additional information of a bidder or to waive any or all of the provisions and requirements of this Chapter 1375.
(Ord. 2011-124. Passed 9-13-11.)