21-18 Establishing Responsible Bidding Practices and Submission Requirements on Public Works Projects

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ARTICLE 13. RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS Sec. 6-63. Bid submission requirements. (a) Contractors proposing to submit bids on any City project estimated to be at least one- hundred fifty thousand dollars($150,000.00)or more must,prior to the opening of bids,submit a statement made under oath and subject to perjury laws, on a form designated by the City and must include: (1) A copy of a print-out of the Indiana Secretary of State's on-line records for the bidder dated within sixty(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; (2)A list identifying all former business names; (3) Any 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 preceding five years; (4) 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, the bidder shall outline how it intends to meet the staffing needs of the work; (5)A statement that individuals who will perform work on the public work project on behalf of the bidder will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances; (6) 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. Copies of all applicable apprenticeship certificates or standards for these training programs may be requested at any time and shall be furnished upon request; (7)A copy of a written plan for employee drug testing that: (i)covers all employees of the bidder who will perform work on the public work project; and (ii) meets, or exceeds, the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6; (8)(i)A statement that the contractor submitting a bid or quote on a public work project of the City; and all subcontractors from whom the bidder has accepted a bid and/or intends to hire to perform work, on the public work project, are properly licensed; (ii) A bidder not so licensed shall be rejected as nonresponsive to the bid or quote request, or the bidder or quoter shall be determined to be a nonresponsible bidder or quoter.It shall be the bidder's or quoter's responsibility to check with the City Building Department to make sure it and all subcontractors have all necessary licenses to 2