All solicitations for bids issued by an owner of real property, which is provided a reduction of property taxes or other economic incentives (i.e., creating a tax incremental financing district or approving property tax abatement) to encourage redevelopment and rehabilitation of certain property located in the town and that are the subject of construction, alteration, or repair, shall, except as otherwise provided herein, include the following language:
(A) For projects valued at or above $150,000:
(1) Any "instructions to bidders" or like document or solicitation issued for real property, which is provided a reduction of property taxes or other incentives (i.e. creating a tax incremental financing district or approving property tax abatement) to encourage redevelopment and rehabilitation of certain property located in the town and that are the subject of construction, alteration, or repair shall, except as otherwise provided herein, include the following language:
"The general contract (and all independent subcontracts, i.e., subcontracts not included within a general contract and regardless of tier) will be awarded to the lowest responsible and responsive bidder complying with the conditions and requirements provided in these Instructions, the bid forms and the other bid documents. A 'responsible and responsive' bidder is a bidder demonstrably possessing the skill, ability and integrity necessary to faithfully perform the work called for by the contract, based upon a determination of competent workmanship and financial soundness. An 'eligible' bidder is a bidder who is not debarred from bidding under an applicable law, and which shall certify that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the project. In the interests of such harmony, the long-term supply of skilled labor, and to provide a legally enforceable means of assuring labor stability and labor peace over the life of the project, each successful bidder and any and all levels of subcontractors, regardless of tier, as a condition of being awarded a contract or subcontract, shall be required to enter into a Project Labor Agreement for the (INSERT NAME OF PROJECT) Project with local labor unions representing experienced and skilled construction workers for the development and construction of the Project, and will be bound by the provisions of that Project Labor Agreement in the same manner as any other provision of the contract."
(B) For projects valued at less than $150,000:
(1) Any "instructions to bidders" or like document or solicitation issued for real property, which is provided a reduction of property taxes or other incentives (i.e., creating a tax incremental financing district or approving property tax abatement) to encourage redevelopment and rehabilitation of certain property located in the town and that are the subject of construction, alteration, or repair shall, except as otherwise provided herein, include the following language:
"The general contract (and all independent subcontracts, i.e., subcontracts not included within a general contract and regardless of tier) will be awarded to the lowest responsible and responsive bidder complying with the conditions and requirements provided in these Instructions, the bid forms and the other bid documents. A 'responsible and responsive' bidder is a bidder demonstrably possessing the skill, ability and integrity necessary to faithfully perform the work called for by the contract, based upon a determination of competent workmanship and financial soundness. Any bidder or subcontractors that desire to perform any work on the project must comply with the requirements of Title III, § 38.11, divisions (A), (B), (D), (E), (F), (G), and (H) of the Code of Ordinances of the Town of Lowell."
(2) For purposes of selecting contractors for real property, which is provided a reduction of property taxes or other incentives (i.e., creating a tax incremental financing district or approving property tax abatement) to encourage redevelopment and rehabilitation of certain property located in the town and that are the subject of construction, alteration, or repair, the owner shall be responsible for the selection of a "responsible and responsive" bidder, as described in Title III, § 38.11 of the Code of Ordinances of the Town of Lowell. Additionally, the owner is responsible for the collection and retention of the relevant information and evidence of responsibility and the like, as described in Title III, § 38.11. The Town of Lowell shall have the authority to request any information from the owner collected under this division (B) in order to ensure compliance.
(C) The Town Council of the Town of Lowell, Lake County, Indiana, retains its inherent authority to adopt means to enforce compliance by any contractor or subcontractor, regardless of tier, with the provisions of any Project Labor Agreement or the requirements of Title III, § 38.11, as described in divisions (A) and (B), where the owner of real property, which is provided a reduction of property taxes or other economic incentives (i.e., creating a tax incremental financing district or approving property tax abatement) to encourage redevelopment and rehabilitation of certain property located in the town and that are the subject of construction, alteration, or repair, shall.
(Ord. 2020-16, passed 7-13-20)