(a) "Construction projects" shall be defined as any new construction, reconstruction, enlargement, alteration, repair, remodeling, renovation, painting or maintenance of a public improvement, and includes but is not limited to dredging, shoring, demolition, drilling, blasting, excavating, scaffolding, installation and any other change to the physical structure of a public improvement.
(b) Council hereby requires that the Mayor, or designee, shall require all bidders of construction projects that exceed fifty thousand dollars ($50,000) and require Council approval to submit to the designated city contracting official or a construction management or design build firm hired by the City, with submission of its bid, on a form required by the Department of Finance, proof, in accordance with the wage and fringe benefit requirements set forth in Ohio R.C. 4115.03(E), that it meets the following standards:
(1) The bidder provides healthcare benefits to its employees as a standard part of its compensation package and not only on projects subject to a state or federal prevailing wage requirement.
(2) The bidder provides retirement benefits to its employees as a standard part of its compensation package and not only on projects subject to a state or federal prevailing wage requirement.
(3) The bidder hires employees who have done one of the following:
A. Graduated from or are participating in a construction apprenticeship program certified and regulated by the State of Ohio or the U.S. Department of Labor
B. Have at least five (5) years of documented experience in the specific field.
(c) The failure of a bidder to comply with Section 252.052 due to a lack of submission to the designated city contracting official, or construction management or design-build firm hired by the city, or the bidder's failure to affirmatively meet these standards, shall result in the bidder being considered non-responsive.
(d) Whether the bidder's employees meet the quality training criteria as provided in§ Section 252.052(b)(3), in order to provide full inclusion and creation of entry level opportunities in the construction trades, up to twenty-five percent (25%) of the bidder's employees may be participating in pre-apprenticeship programs, career technical programs or otherwise have less training and experience.
(e) A bidder that is awarded a contract under this section shall require its direct subcontractors to meet the requirements of Section 252.05. Failure to ensure a subcontractor meets these requirements shall result in debarment from City contracts for a period of three (3) years.
(g) Council hereby requires that the Mayor, or designee, shall require all bidders of construction projects subject to Section 252.052 to provide evidence of the following to the designated city contracting official with submission of its bid:
(1) Disclosure of any safety violations or settlement agreements between the bidder and the Occupational Safety & Health Administration or a state-based agency of similar jurisdiction during the ten (10) years prior to the submission of the bid.
(2) Disclosure of any violation of, or settlement agreement related to, any wage and hour laws at the local, state, or federal level during the ten (10) years prior the submission of the bid.
(3) Disclosure of an active and compliant Ohio Bureau of Workers Compensation insurance policy.
(4) Disclosure of any license issued by the Ohio Construction Industry Licensing Board that has been assigned to the bidder.
(5) Disclosure of any legal judgments against the bidder during the ten (10) years prior to the submission of the bid.
(6) Disclosure of the relevant experience of the bidder, including the number of years in business under its present, alias, fictitious, doing business as, and/or former business names.
(7) A complete listing of all the bidder's ongoing and completed public and private construction projects within the last three (3) years, including the nature and value of each contract and the name, address, and phone number or email address for a representative of the owner of each project.
(8) Disclosure of any state or federal Environmental Protection Agency complaints issued against the bidder during the ten (10) years prior to the submission of the bid.
(9) Description of the management experience of the bidder's project manager(s) and superintendent(s) who will be assigned to the project.
(10) If the bidder is a foreign corporation not incorporated under the laws of Ohio, a Certificate of Good Standing from the Ohio Secretary of State demonstrating its right to conduct business in the state of Ohio.
(11) Disclosure of any debarments of the bidder by any public authority in the United States during the ten (10) years prior to the submission of the bid.
(12) Description of the bidder's Occupational Safety and Health Administration compliant safety program.
(13) Disclosure of an active and compliant Ohio Drug Free Workplace policy issued by the State of Ohio.
(14) Disclosure of the percentage of the bidder's workforce that has five (5) or more years of experience within their trade.
(h) Any construction management or design-build firm hired by the City shall only contract with bidders that comply with the requirements of Section 252.052.
(i) Any construction management or design-build firm hired by the City shall include Section 252.052 as part of its prequalification requirements for prospective bidders.
(j) Contractors and subcontractors awarded a contract by a construction management or design-build firm on a City project shall comply with Section 252.052.
(k) The City or a construction management or design-build firm hired by the City shall require a bidder to provide evidence of its compliance or the compliance of its subcontractors with Section 252.052. (Ord. 8-2023. Passed 4-4-23.)