(A) (1) Bidders submitting bids on any city project of $150,000 or more must submit, with its bid to the city, a statement made under oath and subject to perjury laws, on a form designated by the city including the following:
(a) A copy of a print-out of the Indiana Secretary of State's on-line 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. If the bidder is an individual, sole proprietor or partnership, this subsection shall not apply;
(b) A list identifying all former business names;
(c) Any pending actions or determinations by a court or governmental agency for violations of 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 within the last five years;
(d) A statement on staffing capabilities, including labor sources. This statement shall include whether the bidder has sufficient employees on staff to complete the work it is bidding. If not, bidder shall outline how it intends to meet the staffing needs of the work;
(e) A copy of a written plan for employee drug testing that:
1. Covers all employees of the bidder who will perform work on the public work project; and
2. Meets, or exceeds, the requirements set forth in I.C. 4-13-18-5 or I.C. 4-13-18-6;
(f) The name and description of the management experience of each of the bidder's project managers and superintendents that bidder intends to assign to work on the project;
(g) 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 five years of any professional or trade license held by the bidder, or of any director, office or manager employed by the bidder;
(h) Evidence that the bidder is utilizing a surety company which is on the United States Department of Treasury's Listing of Approved Sureties;
(i) 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 five years;
(j) A statement that individuals who will perform work on the public work project on behalf of the bidder will be properly classified as either:
1. An employee; or
2. An independent contractor, under all applicable state and federal laws and local ordinances;
(k) A list of projects of similar size and scope of work that the bidder has performed in the State of Indiana within three years prior to the date on which the bid is due. If the bidder has engaged in more than ten projects of similar size and scope of work within the last three years, bidder need only list the ten most recent; and
(l) Evidence of participation in apprenticeship and 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. The required evidence includes a copy of all applicable apprenticeship certificates or standards for these training programs.
(2) The city reserves the right to request supplemental information from the bidder, additional verification of any of the information provided by the bidder, and may also contact any of bidder's current and prior customers.
(B) It has been the practice of the Board of Public Works and Safety ("Board of Public Works") when receiving bids for city projects, to take bids it receives under advisement and to request city staff to confirm a bid's compliance with the provisions of the bid document. At a subsequent Board of Public Works' meeting, city staff recommend a bid to the Board of Public Works to be considered. As part of city staff's review and due diligence, city staff shall confirm that the recommended bidder has furnished the information required above. Should the Board of Works reject the recommendation of city staff and prefer another bidder, city staff shall confirm that such bidder has furnished the information required above.
(Ord. 6, 2016, passed 6-13-16)