(a) Contracts that involve the provisions of labor for construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration for a public improvement, including any highway improvement, made by the City or in whole or in part supported by the City, except for a contract for financed in whole or in part by contributions or loans from any agency of the United States government, shall be awarded in accordance with the following preference:
(1) Where the preliminary analysis of bids identifies the apparent low bid as a Muskingum County business enterprise or an entity which will be utilizing a Local Work force, or an entity which will be utilizing a Local Trade Union, the City shall proceed with its standard contract award practices and procedures.
(2) Where the preliminary analysis of bids identifies the apparent low bid as one other than a Muskingum County business enterprise or an entity which will not be utilizing a Local Work Force or Local Trade Union, the City shall consider the following factors:
A. Whether the labor/construction services can be performed by a Muskingum County business enterprise or as an entity which utilizes a Local Work force or Local Trade Union;
B. Whether a bid from a Muskingum County business enterprise or an entity which will be utilizing a Local Work Force or Local Trade Union, has been submitted;
C. Whether the lowest bid from a Muskingum County business enterprise or an entity which will be utilizing a Local Work Force or Local Trade Union, if any, offers a price the City deemed to be an excessive price. An excessive price shall be a price that exceeds by more than five percent (5%) the lowest bid submitted.
(3) Where the City determines that the labor/construction services can be performed by a Muskingum County business enterprise or as an entity which utilizes a Local Work Force or Local Trade Union, and that selection of a Muskingum County business enterprise or an entity which will be utilizing a Local Work Force or Local Trade Union, will not result in an excessive price, the City shall propose a contract award to said entity at the bid price submitted. Otherwise the City shall proceed with its standard contract award practices and procedures.
(b) In order to insure compliance with the Local Workforce Credit pledge, the City will hold seven percent (7%) from the full amount of the bid until the end of the contract period. Upon presentation of proof of compliance in the form of final lists of names of addresses of staff employed on the project or letters from local trade unions demonstrating that the bidder hired from local trade unions for skilled laborers where possible, the City will release the final payment of the amount held. If the bidder does not demonstrate compliance, the bidder will forfeit the amount held and lose eligibility for Local Workforce Credit for a period not less than two years.
(Ord. 08-44(A). Passed 6-9-08.)