(a) Subsection (b) of this Section 117.02 shall constitute the criteria for evaluating the responsibility of the apparent lowest bidder. The apparent lowest responsible bidder shall provide information necessary to ascertain the pecuniary and financial responsibility, accountability, reliability, skill, capacity, judgment, and integrity to do business in our community. In the event the apparent lowest bidder fails to furnish the requested information and/or the information provided demonstrates a lack of responsibility, the apparent lowest bidder shall be rejected and thereby is disqualified and the next lowest bidder shall become the apparent lowest responsible bidder. The "Contract Registration Pre-Qualification Questionnaire" which meets the requirements of subsection (b) is attached as the Exhibit A.
(b) The Mayor or his or her designee shall require a bidder to furnish the following items:
(1) Description of its experience with projects of comparative 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) Disclosure of whether the contractor had been disqualified from any public project by virtue of having been found to be not responsible.
(3) Documentation from previous projects regarding timeliness of performance, quality of work, extension requests, fines and penalties imposed and payment thereof, liens filed, history of claims for extra work, contract defaults, together with explanations of same;
(4) An adequate demonstration of financial responsibility, which may include, in the Mayor's or his designee's discretion, a certified financial statement prepared by a certified public accountant, to assure that the apparent lowest bidder possesses 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 apparent lowest bidder, to the extent that any such licensure is necessary to perform the work contemplated by the contract.
(6) Disclosure of any and all OSHA violations within the previous five years, as well as all notices of OSHA citations filed against the apparent lowest 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 any and all violations within the previous five years pertaining to unlawful intimidation or discrimination against any employee by reason of race, creed, color, disability, sex or national origin and/or violations of an employee's civil or labor rights or equal employment opportunities;
(8) Disclosure of any litigation (including copies of pleadings) in which the apparent lowest bidder has been named as a defendant or third party defendant in an action involving a claim for personal injury or wrongful death arising from performance of work related to any project in which it has been engaged within the previous five years;
(9) Documentation of whether neither the contractor, high level management personnel nor any owners has been convicted of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property.
(10) Documentation of whether neither the contractor, high level management personnel nor any owners has been convicted of a criminal offense in connection with obtaining, attempting to obtain, and/or performing any public or private contract.
(11) Disclosure of allegations of violations of the prevailing wage law and any other State or Federal labor law, including, but not limited to, child labor violations, failure to pay wages, or unemployment insurance tax delinquencies or unfair labor practices within the past five years;
(12) Disclosure of violations of the workers compensation law;
(13) Disclosure of any criminal convictions or criminal indictments, involving the apparent lowest bidder, its officers, directors, owners and/or managerial employees, within the past five years;
(14) Disclosure of whether the contractor has a performance bond canceled or had a claim made on a performance bond.
(15) Documentation of whether the contract has to file any required tax returns or failed to pay any required taxes to any governmental entity.
(16) Documentation that the contractor has a substance abuse program that includes testing and treatment.
(17) Documentation that the contractor has a written safety and health program that includes training, inspections and a complaint procedure.
(18) Documentation that the contractor currently employs or has a reliable source for hiring sufficient qualified skilled, safety-trained workers to perform the project.
(19) Identification of whether the contractor's workforce is drawn mainly from area residents;
(20) Identification of whether the contractor's, to any degree, hire independent contractors (Form 1099 Employees) to perform its work
(21) Disclosure of any and all familial relationships between the contractor, owners of the contractor, or employees of the contractor with any elected or appointed official of the City or managerial employee of the City.
(22) Identification of all work to be subcontracted. All subcontractors are also subject to the approval of the Mayor or his designee based on the above considerations.
(c) In determining whether a contractor is a responsible bidder under this section, the Mayor or his or her designee shall evaluate the information required to be furnished by bidders. If the contract or agreement exceeds the Mayor's spending authority and a Council vote is required, then the Mayor or the designee shall furnish the required information to Council with his or her recommendation prior to the Council vote on the same. Neither the Mayor, nor the designee, nor Council, nor the City shall have any independent duty to verify the bidder representations and disclosures required Section 1375.02(b). The Mayor, the designee, and Council reserve the right to request additional information of a bidder.
(d) In the event the amount of the lowest bid appears disproportionately low when compared to estimates undertaken by or on behalf of the City and/or compared to other bids submitted, the Mayor or his or her designee reserves 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.
(e) In determining whether or not any contract or labor agreement will serve the goals of this Chapter, the City does not cede any of its home rule authority granted by the Ohio Constitution. If the Mayor or his or her designee determines that use of a project labor agreement will serve the goals of this Chapter, the Mayor or the designee, with the assistance of the Law Department, shall meet with the appropriate trade unions, in connection with the public bidding and contract awarding process for every proposed City building and other City improvement project in which the engineering estimate for the project exceeds fifty thousand dollars ($50,000), which is the current state bid limit as of the passage of this Ordinance, to evaluate whether a project labor agreement will advance the City's procurement interest in cost, efficiency and quality and in promoting labor-management stability as well as compliance with applicable legal requirements governing safety and health, equal employment opportunity, labor and employment standards and other matters. The failure of the Mayor, the designee, or the City to comply with this Chapter shall not cause a contract procured hereunder to be invalid and shall not create a private cause of action by any bidder. If the Mayor or the designee determines that use of a project labor agreement will serve the goals set forth in this Chapter, the Mayor or the designee shall negotiate a project labor agreement with the appropriate trade unions. The City shall not thereafter enter into any contract with the successful bidder for the construction of any such City building or other improvement unless the contract contains a provision requiring the successful bidder and all of his contractors and subcontractors to comply with and adhere to the provisions of the negotiated project labor agreement. The bidding documents for each such City building or other improvement project shall contain a written provision requiring the successful bidder to comply with and adhere to all of the provisions of any project labor agreement negotiated by the Mayor or the designee for the project. If the Mayor or the designee, with respect to any proposed City building or other improvement project with an engineer estimate in excess of fifty thousand dollars ($50,000), determines that a project labor agreement will not serve the goals set forth in this Chapter, Council expressly reserves the right to override the Mayor or his designee by simple majority vote.
(f) If any portion of this Chapter is found to conflict with Ohio law that supersedes such portion under Ohio law by a court with competent jurisdiction, that portion shall not apply, but the remainder of this Chapter shall remain in full force and effect.
(g) In evaluating any bid or contract or the award of the same, the City reserves the right to waive any or all of the provisions and requirements of this Chapter by Ordinance where it determines that such provisions or requirements will be detrimental to the public's health, safety and welfare or the city's financial welfare.
(Ord. 2017-66. Passed 9-14-17.)
Contractor Registration Pre-qualification Questionnaire
Part I: Business Information
Business Name:
Check One:
Corporation:
Partnership:
Sole Proprietor:
Contact Person:
Address:
Phone: Fax:
E-mail:
Federal ID #:
If Business is a sole proprietor or partnership, state the full names and
Addresses of Owners:
Type of work performed by your business:
Contractor License Numbers:
License Number: State Where Licensed:
License Number: State Where Licensed:
License Number: State Where Licensed:
Contractor Registration Pre-Qualifiation Questionnaire
PART II: Responsible Contracting Standards
1. List all projects of comparative size, complexity and cost within recent years performed by your Business:
a.
i. Project Completion Date:
ii. Project cost:
iii. Project extensions requested: Yes: No:
iv. Fines and penalties imposed: Yes: No:
v. Liens Filed: Yes: No:
vi. Contract defaults: Yes: No:
b.
i. Project Completion Date:
ii. Project Cost:
iii. Project extensions requested: Yes: No:
iv. Fines and penalties imposed: Yes: No:
v. Liens filed: Yes: No:
vi. Contract defaults: Yes: No:
c.
i. Project Completion Date:
ii. Project cost:
iii. Project extensions requested: Yes: No:
iv. Fines and penalties imposed: Yes: No:
v. Liens filed: Yes: No:
vi. Contract defaults: Yes: No:
2. In the last 5 years has your business been disqualified as the apparent low bidder by virtue of being found non responsible?
Yes: No:
a. If you answered “Yes” to question 2, state the reason:
Contractor Registration Pre-Qualification Questionnaire
3. Has your company been found non-compliant to the bid specifications of previous projects regarding timeliness of performance, quality of work, extension requests, fines and penalties imposed and payment thereof, liens filed, history of claims for extra work, contract defaults?
Yes: No:
a. If you answered “Yes” to question 3, list the project name and violation:
4. Can your company provide documentation showing that your company has the adequate financial resources to cover insurance, bonds, material credit, tax requirements and payroll?
Yes: No:
5. Has your contractor’s registration or licenses that you or your Business has held been revoked in the last 5 years?
Yes: No:
6. In the last 5 years has your company received any OSHA violations:
Yes: No:
a. If you answered “Yes” to question 6, state the violations:
7. In the last 5 years, has your company received any violations pertaining to an employee’s civil, labor or equal employment opportunities rights?
Yes: No:
Contractor Registration Pre-Qualifiation Questionnaire
8. In the last 5 years has your company been named as a defendant or third party defendant in an action involving a claim for personal injury or wrongful death arising from performance of work related to any project:
Yes: No:
9. Has either your company or, high level management personnel or any owners been convicted of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property:
Yes: No:
10. Has either your company or, high level management personnel nor any owners has been convicted of a criminal offense in connection with obtaining, attempting to obtain, and/or performing any public or private contract.
Yes: No:
11. In the last 5 years has your company received violations of the prevailing wage law and any other State or Federal law, including unfair labor practices?
Yes: No:
12. Does your Business have current workers’ compensation and unemployment compensation insurance as required by the State of Ohio?
Yes: No:
13. At any time during the last 5 years, has your business, or any of its owners or officers, been convicted or indicted of a crime?
Yes: No:
14. Has your company had a performance bond canceled or had a claim made on a performance bond?
Yes: No:
Contractor Registration Pre-Qualification Questionnaire
15. Can your company provide documentation showing that your company has adequately filed all required tax returns?
Yes: No:
16. Has your Business adopted and implemented a comprehensive drug and alcohol testing program that conforms to the Ohio BWC Drug Free Safety Program? (If “Yes” please attach proper documentation.)
Yes: No:
17. Does your company have a written safety and health program that includes training, inspections and a complaint procedure? (If “Yes” please attach proper documentation).
Yes: No:
18. Does your company currently employ or have a reliable source for hiring sufficient qualified skilled, safety-trained workers to perform the project? (If “Yes” please attach proper documentation)
Yes: No:
19. Does your company draw its workforce from local residents?
Yes: No:
20. Does your Business, to any degree, hire independent contractors (Form 1099 Employees) to perform its work?
Yes: No:
a. If you answered “Yes” to question 20, if your business uses, or will use, independent contractors or temporary workers on a project in the City of Willoughby Hills, will you notify the City Finance Department and the Regional Income Tax Agency (RITA) of this fact prior to beginning such project?
Yes: No:
Contractor Registration Pre-Qualifiation Questionnaire
21. Are there any familial relationships between the contractor, owners of the contractor, or employees of the contractor with any elected or appointed official of the City or managerial employee of the City?
Yes: No:
a. If you answered “Yes” to question 21, list the relationship(s):
22. Within the last 5 years, has any surety company completed any contract on your behalf, or paid for the completion of any construction project, because your Business was in default or was terminated by the project?
Yes: No:
a. If you answered “Yes” to question 22, state the reason:
23. At the time of submitting this Pre-Qualification Questionnaire, is your Business ineligible to bid on or be awarded a public works contract, or perform work as a subcontractor on a public works contract, under the laws of any state?
Yes: No:
a. If you answered “Yes” to question 23, state the reason, beginning and ending dates of the period debarment and the states in which debarment occurred:
Contractor Registration Pre-Qualification Questionnaire
24. Please attach a list of all work to be subcontracted and identify subcontractors that will be performing the work along with their Prequalification Questionnaire.
Certification of Prequalification Questionnaire
I, , (Print Name) being duly authorized by the firm to respond to the above questions, do hereby certify and declare under penalty of perjury that I have read all the foregoing answers in this questionnaire and that those answers are true to be best of my actual knowledge and belief.
Signature: Date:
(Ord. 2017-66. Passed 9-14-17.)