(a) In connection with the public bidding and contract awarding process for every proposed improvement to Village real property, including, but not limited to, Village buildings, streets, and rights of way, for which bidding is required by law, the Mayor or Director authorized to let bids for said proposed improvement shall, prior to the letting of bids, establish criteria for evaluating bidder responsibility and shall require that all bidders provide information necessary to ascertain the pecuniary and financial responsibility, accountability, reliability, skill, capacity, judgment, and integrity of each bidder to do business in the Village. In the event that any bidder fails to furnish the requested information and/or the information provided demonstrates a lack of responsibility, such bidder shall be disqualified and rejected as not a responsible bidder.
(b) The Mayor or Director shall require each bidder to minimally furnish the following items:
(1) Description of its experience with projects of comparable 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, history of claims for extra work and contract defaults, together with explanations of same;
(3) Identification and description of any projects within the previous five years where the bidder was determined by a public entity not to be responsible bidder, and 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/Director’s discretion, a certified financial statement prepared by a certified public accountant, to assure that the bidder possess 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 bidder, to the extent that any work to be performed is within the field of such licensed profession;
(6) Disclosure of any and all OSHA violations within the previous three years, as well as all notices of OSHA citations filed against the 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 violations of the Workers’ Compensation law;
(8) Disclosure of any violations within the past five years of pending charges concerning federal, state, or municipal environmental and/or health laws, codes, rules and/or regulations;
(9) Identification of all work to be subcontracted. All subcontractors of bidders are also subject to the foregoing responsibility standards.
(c) In the event the amount of the lowest bid appears disproportionately low when compared with estimates undertaken by or on behalf of the Village and/or compared to other bids submitted, the Mayor/Director shall have 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) The Mayor/Director shall make recommendations to the Board of Control with respect to the responsibility of every bidder whose bid is not otherwise disqualified or rejected. If the Mayor/Director recommends that an apparent lowest bidder be disqualified or rejected for failure to meet the responsibility standards set forth in subsection (b) hereof, the Village Board of Control shall notify said apparent lowest bidder of the same in writing, stating the responsibility standards which were not met by the bidder, and setting forth a time, date and place for the apparent lowest bidder to appear and be heard by the Board of Control, prior to a final determination being made regarding that bidder’s responsibility. The Board shall not award a contract involving any such apparent lowest bidder until after the bidder has been heard, or, after notice has been given, the bidder fails to appear or declines to be heard.
(e) This section shall apply only to contracts exceeding one hundred thousand dollars ($100,000). (Ord. 2006-10. Passed 3-29-06.)