[Adopted 11-24-2015 by L.L. No. 6-2015]
It is the intent of this article to enhance the City's
ability to identify the lowest responsible bidder on public works
construction projects by instituting more comprehensive submission
requirements and an evaluation system which is in compliance with
New York State General Municipal Law. The City, based upon its experience,
has determined that quality workmanship, efficient operation, safety,
and timely completion of projects are not necessarily assured by awarding
a public works contract solely on the basis of the low price. This
article establishing uniformity of guidelines for determining the
responsibility of bidders will assure efficient use of taxpayer dollars,
will promote public safety, and is in the public interest.
This article shall apply to construction projects subject to
the competitive bidding requirements of General Municipal Law § 103
and advertised for bids on or after the effective date.
For purposes of this article, the term "public works" shall
mean the following: any constructing, altering, reconstructing, repairing,
rehabilitating, refinishing, refurbishing, remodeling, remediating,
renovating, custom fabricating, maintenance, landscaping, improving,
moving, wrecking, painting, decorating, demolishing, and adding to
or subtracting from any public building, structure, highway, roadway,
street, alley, bridge, sewer, drain, ditch, sewage disposal plant,
water work, parking facility, railroad, excavation, or other project,
development, real property, or improvement, or to any part thereof,
whether or not the performance of the work herein described involves
the addition to, or fabrication into, any structure, project or development,
real property or improvement herein described of any material or article
of merchandise, which is paid for out of public funds in an amount
exceeding $250,000. The term also includes any public works leased
by the City under a lease containing an option to purchase exceeding
the threshold of $250,000 established hereby.
All general bidders and sub-bidders (including sub-subbidders) for construction projects funded by the City of Olean as set forth above in §
LL4.5-2 shall, as a condition of the bid, agree, in writing, that they shall comply with the obligations established by this article.
(1)
The City shall require that all bidders fill out the uniform
questionnaire in order to ascertain the financial responsibility,
accountability, reliability, skill, judgment, and integrity of the
apparent lowest bidder.
(2)
The City shall utilize the Guidelines for Responsibility Determinations
as set forth in Executive Order No. 170 (9 NYCRR 4.170) in evaluating
the responsibility of contractors and determining the lowest responsible
bidder.
(3)
Contractors and all subcontractors shall properly classify their
workers as employees rather than as independent contractors, unless
those workers meet the definition of "independent contractor" as defined
by the Internal Revenue Service, and shall treat said employees accordingly
for purposes of workers compensation insurance coverage, unemployment
insurance, employment taxes, and social security taxes.
(4)
The contractors and all subcontractors shall require each employee
to sign in and out at the beginning and end of each day, and list
next to his or her name his or her craft, and to provide such information
to the City Director of Public Works ("the Director") on a biweekly
basis. Such information shall be kept in the Commissioner's office
for a period of three years, and copies of same shall be made available
to the public immediately upon Freedom of Information Law (FOIL) request.
It is the sole responsibility of the contractor to comply with
all submission requirements at the time it submits its bid to the
City. The submission requirements also apply to all subcontractors,
except that the contractor shall submit all subcontractor questionnaires
to the City of Olean no later than the date and time of the contract
award. Contractor and/or subcontractor submissions deemed nonresponsive
will result in automatic rejection of the bid.
All information submitted by a contractor or subcontractor pursuant
to this article is a public record and shall be immediately available
to any person upon request made pursuant to the Freedom of Information
Law (Public Officers Law Article 6).
The requirements of this article are a material part of the
bid documents, and the contract and the successful bidder shall insert
this article in all subcontracts.
[Adopted 3-11-2014 by L.L. No. 2-2014]
The Olean City Common Council of the City of Olean hereby enacts
the following article pursuant to the State of New York General Municipal
Law Section 103(1) and of all other applicable laws.
The City of Olean shall update its procurement policy in accordance
with the provisions of this article.