Exhibit A-Toledo Municipal Code 187.12.pdf

Exhibit A

Toledo Municipal Code

187.12. Awarding contracts.

(a) For contracts not covered by paragraph (c) of this section, the department director seeking to recommend a contract shall determine the lowest and best bidder, or he may reject any or all bids. For contracts covered by paragraph (c), the department director in concert with representatives of the Mayor's office, Finance Department, Law Department, and Office of Affirmative Action, Contract Compliance, and Purchasing, shall determine the lowest and best bidder, or they may reject any and all bids. The award of the contract or purchase shall be made by the Mayor to the successful bidder, and a public record shall be made of such award and signed by the Mayor, the Commissioner of Purchases and Supplies, the Finance Director and the Director of Law.

(b) In the case of contracts involving personal services or labor, no award based upon formal bids, or upon informal competition for ten thousand dollars ($10,000) or more, shall be made until the successful bidder submits proof that he pays and will continue to pay during the life of any such contract the prevailing rates of wages in the Toledo area for the industry involved. Such prevailing rates of wages shall be deemed to be those filed for the Toledo area with the Department of Commerce of the State of Ohio, or in the event the prevailing rates of wages for such industry are not so filed, the prevailing rates of wages for the Toledo area shall be deemed to be at least equal to the highest rates established by collective bargaining agreements between bona-fide labor organizations and employers in the Toledo area for the particular industry or work involved. Proof of payment of prevailing rates of wages shall be provided through certified payroll reports in accordance with procedures established by the Office of Contract Compliance and in accordance with Ohio Revised Code Ch. 4115, if applicable.

Provided, however, that the prevailing rate of wages as set forth above shall not apply where the Federal government or any agency thereof furnishes, by loan or grant, any or all of the funds used in any contract for a public improvement or other contract involving personal services or labor and where the Federal government or any agency thereof prescribed predetermined minimum wages to be paid to those laborers employed under the terms of such contract if such wages are higher than those for the Toledo area as determined by the Department of Commerce of the State of Ohio.

Provided further that in the case of contracts in excess of ten thousand dollars ($10,000), the "living wage" requirements provided in Section 187.37 shall be applicable. No contracts in excess of ten thousand dollars ($10,000) shall be awarded if the bidder has been convicted of or found to be liable under Section 545.22 ("wage theft") of this Code, or of Chapter 796 ("Wage and Tip Compensation Requirements") in the previous five years.

https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-88337#JD_187.37 https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-157611#JD_545.22 https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-157658#JD_Chapter796

Furthermore, the City of Toledo will give preferential status for job creation and retention assistance to businesses that engage in responsible labor relations. (e.g. lack of recent National Labor Relations Board Charges).

(c) For all public improvements in excess of seventy-five thousand dollars ($75,000), the following criteria shall be considered in determining the lowest and best bidder:

(1) Bidder's and its subcontractor's experience and background.

A. Related project experience - experience of the bidder on projects of the nature for which bids were solicited, to include previous related experiences with the City.

B. Project familiarity - bidder's familiarity with the project being undertaken, including all local standards, specifications and requirements and they are to be efficiently and effectively met.

C. Construction experience - a description of general construction contracts in which the bidder has performed, including a listing of the last ten (10) completed projects similar to the requested work.

(2) Bidder's and its subcontractor's workforce.

A. Continuity and experience of the bidder's workforce - extent of experience with the firm and in the area of construction for which the bid is submitted.

B. Availability of workforce - whether the bidder's employees are drawn mainly from Northwest Ohio and Southeast Michigan, to include Lucas, Wood, Williams, Defiance, Fulton, Henry, Ottawa, Sandusky, Seneca, Hancock, Putnam, Paulding, and Erie Counties in Ohio and Monroe and Lenawee Counties in Michigan.

C. Apprenticeship program - whether the bidder's employees participate in a bona fide apprenticeship program that is approved by the Ohio State Apprenticeship Council and the U.S. Department of Labor if such apprenticeship programs are available for their workforce.

D. Employee welfare - whether the bidder provides employee health insurance and retirement or pension plan for its employees.

E. Employee safety - whether the bidder provides for an OSHA (and if applicable, EPA) compliance safety plan for its employees and provides safety training as required.

F. Drug-free workplace - whether the bidder has in place a drug-free awareness program and notification requirements consistent with the requirements of the Federal Drug-Free Workplace Act of 1988.

(3) Bidder's and its subcontractor(s) record of compliance.

A. Bonding experience - whether bidder has a record of claims against performance bonds secured on public improvement construction projects, with an explanation of reasons for claims.

B. Tax laws - whether bidder is in compliance with City and State taxes on payroll and net profits, to include an affidavit as to no outstanding tax liens and as to no outstanding City income tax obligations.

C. Wage, hour and unemployment laws - whether bidder is in compliance with Federal, State or local laws or regulations regarding safety and health, fair labor standards, prevailing wages, minimum wages, unemployment and workers' compensation including, but not limited to, Section 545.22 and Chapter 796 of this Code.

D. Construction compliance - whether the bidder has a record for complying with and meeting completion deadlines and successfully controlling costs bid on similar construction projects, to include a review of the various construction experience and compliance in the preceding twelve (12) months covering the bidder's compliance with completion deadlines, the amount of any change orders for the job or cost overruns on each job undertaken, the reasons for the change orders or cost overruns, and the timely response to site clean-up and "punch" list.

E. Equal business opportunity - whether bidder is in compliance with any affirmative action or disadvantaged business enterprise program that the City is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with the City's disadvantaged business enterprise program, describing any joint ventures, partnerships or subcontracts with DBEs certified by the City's Office of Affirmative Action and specifying the names of the companies, description of the work to be performed, and percentage of the contract to be awarded to DBEs.

F. Bidder's responsiveness - whether bidder has timely provided information or materials to document the foregoing criteria, including a listing of the percentage of the bidder's workforce residing in Toledo, Lucas County, Northwest Ohio, and Southeast Michigan.

The Director of Diversity, Equity, and Inclusion and the Commissioner of Purchasing shall prescribe the manner and form of submittal for the purpose of evaluating the considerations herein. All bid invitations and specifications for public improvements to the City shall advise prospective bidders of all the factors that may be taken into consideration by the City in determining whether the bid is not only the lowest, but best bid. The specifications shall contain provisions conforming to parts (c)(1), (2) and (3) of this section. The City shall require that bidders identify all subcontractors, and the City shall evaluate the bidder's list of subcontractors as to compliance with the foregoing criteria. Bidders shall be advised with the bid packets that the subcontractor compliance information will be required. The bidding department or division shall maintain in the contract file a record of evaluation determining the lowest and best bid.

(d) For all public improvements, public improvements for which the City's plans and specifications for all phases of the project include an estimate of the cost of the improvement, and any public or private improvement funded in whole or in part by the City of Toledo, the provisions of this section shall apply when such estimates, costs, contracts, or funds are $100,000 or greater, unless otherwise prohibited by federal or https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-157611#JD_545.22 https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-157658#JD_Chapter796 state law. Approved appropriations for public improvements shall not be subdivided to avoid the requirements of this section, including prevailing rate of wages requirements.

For all projects defined in the preceding paragraph, once the successful bidder ("Bidder") is notified of bid award, a pre-job conference shall be held within 15 days of the award notification between the Bidder and the Northwest Ohio Building and Construction Trades Council ("NWOBTC"). The City of Toledo's Director of Diversity, Equity, and Inclusion, the Director of Finance, or designees may attend the pre-job conference.

Within 15 days of this pre-job conference, the Parties ("Bidder and NWOBTC collectively") shall negotiate a project labor agreement, the purpose of which is to advance the city's procurement interest in cost, efficiency, and quality while promoting labor management stability, a bidder's compliance with applicable laws governing employment taxes, safety and health, equal employment opportunity, labor and employment standards, and other related matters.

The bidding documents for each such public improvement or private improvement funded in whole or in party by the City of Toledo shall contain a written provision requiring the successful bidder, and all the bidder's contractors and subcontractors, to comply with and adhere to all of the provisions of the project labor agreement negotiated by the Parties for the project.

(Ord. 149-17. Passed 10-3-17; Ord. 294-23. Passed 5-30-23.)