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(a) The Board of Control and, in particular, the Director authorized to advertise for bids for necessary goods and/or services will consider all bids in light of the following criteria when recommending and awarding the “lowest and best” bid as required by Section 109.02 of the Euclid Codified Ordinances:
(1) Past performance by the bidder on City or other governmental agencies contracts for same or similar work;
A. Quality of work, materials, services, and facilities;
B. Cooperation with City and public;
C. Ability to meet schedule and budget;
D. The amount of any change orders or cost overruns and the reason for the change order or cost overrun.
E. Number and type of problems/complaints and whether any claims have been made against the performance bonds secured by the bidder for past projects.
(2) Information regarding the bidder's workforce;
A. Experience and continuity of the bidders work force as well as the skill of the bidder's management;
B. Number of permanent and temporary employees who will be assigned to the contract;
C. The number of local employees that will be working on the contract;
D. Disclosure of any suspension or revocation of any professional license of any director, officer, owner, or managerial employee, to the extent that any work to be performed is within the field of such licensed profession.
E. Whether the bidder is a “Minority Business Enterprise” or an “EDGE eligible” business as certified by the State of Ohio Department of Administrative Services.
F. The number of certified “Minority Business Enterprises” or an “EDGE eligible” business as certified by the State of Ohio that the bidder will employ as subcontractors.
(3) Identification and description of any projects within the previous five years that the bidder was determined by a public entity not be a responsible bidder, the reasons given by the public entity, together with an explanation thereof;
(4) Disclosure of any litigation (including copies of pleadings) in which the bidder has been named 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;
(5) Adequate demonstration of financial responsibility, which may include 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 to obtain the insurance and bonds that will be required for the project;
(6) Conviction of bidder and/or principal in bidding firm known to the City for crimes of moral turpitude (ex: perjury, fraud, bribery) during the three years previous to the date of the bids;
(7) The number of years the bidder has been actively engaged as a vendor/contractor in the construction industry;
(8) Capacity of bidding firm to complete the work per specifications; ex: a brand new firm without experience or reputation may submit the lowest dollar bid but may lack the experience or fiscal ability to complete the contract; City is entitled to minimize risks to the public of incomplete contract or incompetent bidder;
(9) Bidding firm's record for compliance with state, federal and local laws and regulations including equal opportunity, prevailing wage, unemployment, Fair Labor Standards Act, Worker's Compensation law, those established by OSHA, etc.;
(10) Any other relevant and material facts and circumstances.
(b) A preference not exceeding three percent (3%) may be given to firms which have a substantial presence (i.e. total taxes paid to City and school not less than five thousand dollar ($5,000)/year) in the City of Euclid provided the bidder satisfies all other requirements contained herein;
(c) A preference not exceeding two percent (2%) may be given to firms which are certified as a “Minority Business Enterprise: or an “EDGE eligible” business by the State of Ohio Department of Administrative Services provided the bidder satisfies all other requirements contained herein, provided further, that a bidder qualified under this provision shall not be awarded a preference under this provision if they qualify for the three percent (3%) preference as a Euclid based business as defined in division (b) above;
(d) When a contract is for goods, services, or construction, is for twenty-five thousand dollars ($25,000) or more, and is paid in whole or in part with state funds, the contract shall not be awarded to a person or firm against whom a finding for recovery has been issued by the auditor of the state. Prior to awarding the contract the Board of Control must perform a certified search of the findings for recovery database in order to obtain proof that the person or firm does not appear in the database and has no unresolved finding for recovery issued against them. If a finding for recovery has been issued against that person or firm they may not receive the contract. If no such finding for recovery is discovered then the contract may be awarded to the individual or firm. A copy of the results of the certified search shall be kept on record along with all other documents pertaining to the contract. This procedure must also be followed for contracts between the City and an individual or firm when the aggregate cost for the goods, services or construction provided under all contracts entered into by the City and that individual or firm within the preceding fiscal year exceeded fifty thousand dollars ($50,000) and the contract is paid in whole or in part with state funds.
(Ord. 82-2010. Passed 5-17-10; Ord. 53-2011. Passed 4-18-11.)
(a) Public Purpose. The City finds that evaluating the feasibility of project labor agreements for City building projects and articulating standards and establishing reporting requirements to evaluate the responsibility of public contractors further the following public purposes:
(1) Promotion of better quality workmanship on City building projects, which saves tax dollars and protects the public health, safety, and morals well being; and
(2) Compliance with deadlines for the construction of public buildings, a significant benefit to the public's health, safety and morals well being.
(b) Evaluation of Project Labor Agreements Required.
(1) The Mayor or his designee, with the assistance of the Law Department, shall meet with the appropriate trade union, in connection with the public bidding and contract awarding process for every proposed City building projects in which the engineering estimate for the project exceeds two hundred thousand dollars ($200,000) to evaluate whether a project labor agreement will advance the City's procurement interest in cost, efficiency, and quality in promoting labor-management stability as well as compliance with applicable legal requirements governing safety and health, equal employment opportunity, labor and employment standards, and other matters.
(2) If the Mayor, or his designee, determines that use of a project labor agreement will serve the goals set forth in Section 109.025(a) of this chapter, the Mayor or his designee, shall negotiate a project labor agreement with the appropriate trade union.
(3) The bidding documents for each such City building project shall contain a written provision requiring the successful bidder to comply with and adhere to all of the provisions of any project labor agreement negotiated by the Mayor for the project.
(4) The City shall not thereafter enter into any contract with the successful bidder for the construction of any such City building unless the contract contains a provision requiring the successful bidder, and all of his contractors and subcontractors to comply with and adhere to the provisions of the negotiated project labor agreement.
(c) Rejection of Project Labor Agreement; Council Action Required. If the Mayor, with respect to any proposed City building project with an engineer estimate in excess of two hundred thousand dollars ($200,000), determines that a project labor agreement will not serve the goals set forth in Section 109.025(a) of this chapter, the Mayor shall submit a written report and recommendation to the Clerk of Council, which thereafter shall be acted upon by Council as hereinafter provided, prior to the preparation of bid documents for the project. The report of the Mayor shall state the Mayor's reasons for believing that negotiating a project labor agreement for the project will not substantially further the purposes of this chapter, and shall contain his recommendation to Council not to negotiate a project labor agreement. The report shall be presented to the members of Council at Council's next regular or special meeting which occurs at least five days after the Clerk of Council's receipt of the Mayor's report or recommendation. At that meeting of Council, or at Council's next regular or special meeting, Council shall by motion determine whether the Mayor's recommendation not to negotiate a project labor agreement should be adopted. If a majority of the members of Council vote against the motion to adopt, then the Mayor, or his designee, with the assistance of the Law Department, shall be required to forthwith negotiate a project labor agreement for the project. Thereafter, all of the requirements of Section 109.025 shall apply with respect to the project.
(d) Responsible Contracting Standards and Procedures Established.
(1) The Mayor, or his designee, in connection with the public bidding and contract awarding process for every proposed City building and other City improvement project, shall, prior to the awarding of contracts, establish criteria for evaluating the responsibility of the apparent lowest bidder and require that the apparent lowest responsible bidder provide information necessary to ascertain the pecuniary and financial responsibility, accountability, reliability, skill, capacity, judgment and integrity and moral worth 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 is disqualified and the next lowest bidder shall become the apparent lowest bidder.
(2) The Mayor shall require bidders to furnish the following items:
A. Descriptions 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;
B. Documentation from previous projects regarding timeliness of performance quality of work, extension requests, fines and penalties, imposed and payments thereof, liens filed, history of claims for extra work, contract defaults, together with explanations of the same;
C. Identification and description of any projects within the previous five years that 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;
D. An adequate demonstration of financial responsibility, which may include in the Mayor'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;
E. Disclosure of any suspension or revocations of any professional license of any director, officer, owner, or managerial employee of the apparent lowest bidder, to the extent that any work to be performed is within the field of such licensed profession;
F. Disclosure of any and all OSHA violations with 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 rededication or other steps taken regarding such violations and notices of violation;
G. 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;
H. 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;
I. 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;
J. Disclosure of violations of the workers compensation law;
K. 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;
L. Disclosure of any violation within the past five years or pending charges concerning Federal, State, or municipal environmental and/or health laws, codes, rules and/or regulations;
M. Documentation of the contractor's participation and contributions to a bona fide apprenticeship program;
N. Documentation that the contractor provides health insurance and pension benefits to its employees;
O. Identification of whether the contractor's workforce is drawn mainly from area residents;
P. Identification of all work to be subcontracted. All subcontractors are also subject to the approval of the Mayor based on the above considerations.
(3) In the event the amount of the lowest bid appears disproportionably low when compared with estimates undertaken by or on behalf of the City and/or compared to other bids submitted, the Mayor 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.
(4) Prior to a final determination that the apparent lowest bidder is not responsible, the City shall notify the party of the same, in writing, stating the reasons causing concern, and setting forth a time, date, and place for the apparent lowest bidder to appear and be heard by the Mayor or his designee, prior to a determination being made regarding its responsibility.
(Ord. 7-2009. Passed 1-20-09.)
When it becomes necessary, in the opinion of the Mayor or of the head of a department, in the prosecution of any work or improvement under contract, to make alterations or modifications in contracts, such alterations or modifications shall only be made by the order of the Mayor or such director or head of a department. Such order shall be of no effect until the price to be paid for the work and material, or both, under the altered or modified contract has been agreed upon in writing and approved by the Board of Control and signed by the contractor or vendor and the Mayor, or the director or head of a department, as the case may be, on behalf of the City. However, the change orders to a contract resulting in an increase over the contract price and above the funds appropriated for payment of such contract shall be implemented only after Council approves the necessary appropriation to pay such increase in addition to the contract price, and after certification thereof by the Finance Director.
No contractor shall be allowed to recover anything for work or material caused by any alteration or modification unless the contract is altered as provided in this section. No contractor shall be allowed to recover more than the agreed price for such work or material. Duplicate copies of each contract shall be kept on file in the office of the head of the department executing the contract or the Mayor, as the case may be, and a copy thereof shall be kept on file in the office of the Director of Finance.
(Ord. 78-1988. Passed 4-4-88.)
(a) Personal Property Having a Value of Five Thousand Dollars ($5,000) or Less. The Board of Control may authorize the sale of personal property having a value of five thousand dollars ($5,000) or less by the Mayor or any director upon a finding and determination that the item to be sold is no longer needed for municipal purposes, that the value of such item is five thousand dollars ($5,000) or less, and that the property is to be sold to the person, firm or corporation making the highest offer therefor, based upon at least three offers solicited by the Mayor or a director authorized by the Mayor to make such solicitations. If there are less than three offers, the Mayor or director involved shall explain to the Board of Control why it was not possible to secure three offers due to the unavailability of persons willing to make offers on the item. In addition to the sale by public bid or public auction, the Mayor or designated director may list municipal personal property designated for auction with an internet auction service, provided the minimum bid price has been approved by the Board of Control and the item can be removed from the internet auction should the minimum bid not be offered. The Director of Public Service is authorized to establish a bid period after which the highest and best bid that equals or exceeds the minimum bid price will be accepted. The findings, determination and authorization for sale shall be adopted by the Board of Control and spread upon the minutes thereof to evidence authority for each sale.
(b) Real Estate or Personal Property Having a Value in Excess of Five Thousand Dollars ($5,000). Any sale, transfer or disposal of real property to which restrictions to the use have been recorded, shall only have the restrictions removed or modified by approval of the majority of the electorate voting on such issue at a regular or special election or by an ordinance enacted by not less than two-thirds of the members of the Council. An Ordinance enacted pursuant to this section shall not be of an emergency nature nor shall the reading proscribed by law be waived.
Each sale or disposal of municipal real estate of any value or personal property having a value in excess of five thousand dollars ($5,000) shall be provided for by ordinance or by one or more ordinances in series utilizing any of the following methods, or combinations thereof, or modifications thereof to be specified in such ordinances by Council:
(1) Under the terms and circumstances provided by Ohio R.C. Chapter 721 or any section thereof or any other section of the Ohio Revised Code as such sections are now constituted or may be in effect in amended form by addition or modification hereafter;
(2) By empowering the Mayor or his or her designee to advertise for bids in such form or manner as he may determine once a week for four consecutive weeks in a newspaper of general circulation in the City and in such other publications or places as he or she may deem necessary and proper, with Council reserving the right to reject any and all bids regardless of amount and without indicating any specific reason for such rejection, authorizing the Board of Control to receive, open and tabulate such bids, authorizing the Mayor to enter into a contract for the sale of such property in a form to be approved by the Director of Law, and authorizing the Mayor and Director of Finance to convey the property pursuant to such contract, subject to zoning conditions, restrictions and reservations of record;
(3) Upon negotiations ratified or authorized by Council with a developer for redevelopment in a manner so as to eliminate conditions of blight with provisions against their recurrence or for any other public purposes as determined in the sole opinion of the Council; such sales may be with or without prior public solicitation for proposals by advertisement or otherwise; when Council elects to solicit proposals for redevelopment, a sale may be authorized to the developer submitting the best proposal, in the sole opinion of Council, or award under these circumstances may be eventually to a developer pursuant to bidding upon specifications developed by the efforts of all developers submitting proposals, which bidding may be limited to the developers who have submitted proposals;
(4) Upon negotiations ratified or authorized by Council to sell a portion of City property at the appraised value to contiguous property owners for use with and enhancement of such contiguous property without restrictions other than zoning and conditions of record;
(5) Upon negotiations ratified or authorized by Council to clear title, resolve contentions concerning encroachments, or otherwise resolve technical, clerical or procedural errors, defects or omissions in prior conveyances as the justice of each case requires in the sole judgment of Council;
(6) To allow for sale of real estate by public auction, under terms and conditions established by City Council, to include establishing a minimum bid price, and sale to highest bidder;
(7) To allow the Director of Public Service to use internet auction services to list the items of municipal property deemed no longer needed for municipal purposes at minimum bid prices approved by the Board of Control, provided that the item can be removed from the auction or any bid rejected that does not meet the minimum bid price. The Director of Public Service is authorized to establish a bid period after which the highest and best bid that equals or exceeds the minimum bid price will be accepted. The findings, determination and authorization for sale shall be adopted by the Board of Control and spread upon the minutes thereof to evidence authority for each sale.
Ordinances authorizing final conveyance by the Mayor and Finance Director shall specify:
(1) The findings of Council that the property involved is no longer needed for a municipal purpose;
(2) Where restrictions on the use of said property have been deleted or modified, the method by which the restrictions were removed or modified;
(3) Where no restrictions have been imposed, the intent of Council to sell the property without restrictions on future use other than zoning and other conditions of record or with restrictions for redevelopment in a manner so as to eliminate conditions of blight with provisions against their recurrence or other public purposes;
(4) The appraised value of the property being sold or disposed of taking all restrictions of sale into consideration and/or other basis relied upon to determine the sufficiency of consideration to be paid together with a finding that the consideration is sufficient and such finding shall be conclusive as determined in the sole opinion of Council;
(5) All of the restrictions, terms and conditions of sale specifically required by Council together with authorization for execution of the agreement, adopting additional terms deemed appropriate, submission to escrow, execution of deeds and any and all other acts necessary and proper to effectively convey the property for the purposes and in the manner specified by Council.
(Ord. 245-1980. Passed 10-1-80; Ord. 113-2002. Passed 6-3-02; Ord. 163-2005. Passed 10-17-05; Ord. 53-2008. Passed 3-3-08.)
Whenever an ordinance authorizing the expenditure of funds is presented to and acted upon by Council, there shall be contained within the operative sections of the ordinance full and complete information regarding the source(s) of funding which will be used to pay for the expenses incurred. Every such ordinance shall contain the following information: name of the fund; department; account number; and a specific reference to third party grants, when appropriate.
(Ord. 81-1988. Passed 4-4-88.)