Section
107.01 Bid submission requirements
107.02 Post-bid submissions from subcontractors
107.03 Validity of pre-qualification classification
107.04 Incomplete submissions by bidders
107.05 Responsive and responsible bidder determination
107.06 Certified payroll
107.07 Public records
107.08 Penalties for false, deceptive, or fraudulent statements/information
(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)
(A) Each subcontractor of any tier shall be required to adhere to the requirements of § 107.01, but subcontractors shall submit the required information to the successful bidder, who shall then submit said information to the city prior to the subcontractor's first day of work on the public works project.
(B) Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default or breach by the successful bidder. However, payment shall be withheld from any subcontractor who fails to timely submit said information until such information is submitted and approved by the city. Additionally, the city may require the successful bidder and/or relevant subcontractor to remove a subcontractor from the project and replace them with a responsive and responsible subcontractor.
(C) The disclosure of a subcontractor by a bidder or a subcontractor shall not create any rights in the disclosed subcontractor. Thus, a bidder and/or a subcontractor may substitute another subcontractor for a disclosed subcontractor by giving the city written notice of the name, address, and type of work the substitute subcontractor will perform. The substitute subcontractor is subject to all of the obligations of a subcontractor under this chapter.
(Ord. 9519, passed 9-27-2021)
(A) Upon designation by the city that a bidder's or subcontractor's submission is complete and timely, and upon any further consideration deemed necessary by the city, the bidder or subcontractor may be pre-qualified for future city public works projects. Pre-qualification shall exempt the bidder or subcontractor from the comprehensive submission requirements contained herein for a period of 12 months. Thereafter, bidders or subcontractors who are pre-qualified must submit a complete application for continuation of pre-qualified standing, on a form provided by the city, (i.e. a "short form") by December 31 for the upcoming calendar year. Failure by any pre-qualified bidder or subcontractor to timely submit its complete application for continuation of pre-qualified standing shall result in automatic removal of the designation effective January 1 of the upcoming year. However, the removed bidder or subcontractor shall still be permitted to bid on or perform work on city public works projects.
(B) Any material changes to a contractor's status, at any time, must be reported in writing within 10 days of its occurrence to the City Contractors Board and/or the Building Commissioner. The pre-qualification designation is solely within the discretion of the city and the city specifically reserves the right to change or revoke the designation for any stated written reason(s).
(C) Denial of pre-qualification shall be in writing and shall be forwarded to the contractor within 7 working days of such decision. Any contractor denied or losing pre-qualification status may request reconsideration of the decision by submitting such request in writing to the City Contractors Board within 5 business days of receipt of notice of denial.
(Ord. 9519, passed 9-27-2021)
It is the sole responsibility of the bidder to comply with all submission requirements herein no later than the public bid opening. Submissions deemed inadequate, incomplete, or untimely by the city shall result in the automatic disqualification of the bid.
(Ord. 9519, passed 9-27-2021)
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