(A) Contractors proposing to submit bids on any City of Hammond ("city") public works project estimated to be at least $150,000 or more must, in order to be considered a responsive and responsible bidder per I.C. 36-l-12-4(b)(10) and I.C. 36-1-12-4(b)(l1), prior to the opening of bids, submit a statement made under oath and subject to perjury laws, on a form designated by the city and must include:
(1) A copy of a print-out of the Indiana Secretary of State's online records for the bidder dated within 60 days of the submission of said document showing that the bidder is in existence, current with the Indiana Secretary of State's Business Entity Reports, and eligible for a certificate of good standing. In lieu of above, the bidder may also submit a current certificate of existence issued by the Indiana Secretary of State. If the bidder is an individual, sole proprietor or partnership, this division shall not apply;
(2) A list identifying all former business names within the last 10 years;
(3) Any determinations by a court or governmental agency for violations of business related federal, state, or local laws including, but not limited to violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational Safety and Health Act (OSHA), or federal Davis-Bacon and related Acts;
(4) (a) Evidence of participation in apprenticeship training programs applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization; and
(b) Evidence that any applicable apprenticeship program has graduated at least 5 apprentices in each of the past 3 years for each of the construction crafts the bidder will perform on the project. Evidence of graduation rates are not required for apprenticeable crafts dedicated exclusively to the transportation of material and equipment to and from the public works project.
(c) The required evidence includes but is not limited to a copy of all applicable apprenticeship standards and apprenticeship agreement(s) for any apprentice(s) who will perform work on the public works project; and documentation from each applicable apprenticeship program certifying that it has graduated at least 5 apprentices in each of the past 3 years for each construction craft the bidder will perform on the project. Additional evidence of participation and graduation requirements may be requested by the city at its discretion;
(5) A copy of a written plan for employee drug testing that:
(a) Covers all employees of the bidder who will perform work on the public works project; and
(b) Meets, or exceeds, the requirements set forth in I.C. 4-13-18-5 or I.C. 4-13-18-6;
(6) The name and description of the management experience of the bidder's project general manager or superintendent that bidder intends to assign to work on the project;
(7) 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 5 years of any professional or trade license held by the company, or of any director, officer, or manager employed by the bidder;
(8) Evidence that the bidder is utilizing a surety company on the United States Department of Treasury's Listing of Approved Sureties;
(9) A written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the last 5 years;
(10) A statement that individuals who will perform work on the public works project on behalf of the bidder will be properly classified as either: (a) an employee or (b) an independent contractor, under all applicable state and federal laws and local ordinances;
(11) A list of projects of similar size and scope of work that the bidder has performed in the State of Indiana within 3 years prior to the date on which the bid is due;
(12) For contracts estimated to cost at least $300,000, certification that the bidder and all subcontractors are qualified under I.C. 4-13.6-4 or I.C. 8-23-10; and
(13) A provisional written list that discloses the name, address, and type of work for each subcontractor the bidder intends to employ on any part of the public works project, including individuals performing work as independent contractors.
(B) The city reserves the right to demand supplemental information from the bidder, additional verification of any of the information provided by the bidder, and may conduct random inquiries of the bidder's current and prior customers.
(C) The city reserves the right to waive any or all of the bid submission requirements when there is an emergency declared, specialized work is required, or for any other situation that would reasonably require waiver.
(Ord. 9519, passed 9-27-2021)