(A) (1) Contractors proposing to submit bids on any town project estimated to be at least $150,000 or more must, in order to be considered a responsible bidder, prior to the opening of bids, submit a statement made under oath and subject to perjury laws, on a form designated by the town and must include:
(a) A copy of a print-out of the Indiana Secretary of State’s online records for the bidder dated within 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 division (A) shall not apply;
(b) A list identifying all former business names;
(c) 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;
(d) A statement on staffing capabilities, including labor sources;
(e) 1. Evidence of participation in apprenticeship 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; and evidence that any applicable apprenticeship program has graduated at least five apprentices in each of the past five years for each of the construction crafts the bidder will perform on the project. Evidence of graduation rates are not required for apprenticeable crafts dedicated exclusively to the transportation of material and equipment to and from the public works project.
2. The required evidence includes but is not limited to a copy of all applicable apprenticeship standards and apprenticeship agreement(s) for any apprentice(s) who will perform work on the public works project; and documentation from each applicable apprenticeship program certifying that it has graduated at least five apprentices in each of the past five years for each construction craft the bidder will perform on the project. Additional evidence of participation and graduation requirements may be requested by the town at its discretion.
(f) 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 works project; and (ii) meets, or exceeds, the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6;
(g) The name and description of the management experience of each of the bidder’s project managers and superintendents that bidder intends to assign to work on the project;
(h) Proof of any professional or trade license required by law for any trade or specialty area in which bidder is seeking a contract award; and disclosure of any suspension or revocation within the previous five years of any professional or trade license held by the company, or of any director, office or manager employed by the bidder;
(i) Evidence that the bidder is utilizing a surety company on the United States Department of Treasury’s Listing of Approved Sureties;
(j) A written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the last five years;
(k) A statement that individuals who will perform work on the public works project on behalf of the bidder will be properly classified as either (i) an employee or (ii) an independent contractor, under all applicable state and federal laws and local ordinances;
(l) A list of projects of similar size and scope of work that the bidder has performed in the State of Indiana within three years prior to the date on which the bid is due; and
(m) For contracts estimated to cost at least $300,000, certification that the bidder and all subcontractors are qualified under IC 4-13.6-4 or IC 8-23-10.
(n) A written list that discloses the name, address, and type of work for each subcontractor the bidder intends to employ on any part of the public works project, including individuals performing work as independent contractors.
(2) The town reserves the right to demand supplemental information from the bidder, additional verification any of the information provided by the bidder, and may conduct random inquiries of the bidder’s current and prior customers.
(B) Post-bid submissions from subcontractors.
(1) Each subcontractor of any tier shall be required to adhere to the requirements of division (A) above, but subcontractors shall submit the required information to the successful bidder, who shall then submit said information to the town prior to the subcontractor’s first day of work on the public works project.
(2) Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default or breach by the successful bidder. However, payment shall be withheld from any subcontractor who fails to timely submit said information until such information is submitted and approved by the town. Additionally, the town may require the successful bidder and/or relevant subcontractor to remove a subcontractor from the project and replace it with a responsive and responsible subcontractor.
(3) The disclosure of a subcontractor by a bidder or a subcontractor shall not create any rights in the disclosed subcontractor. Thus, a bidder and/or a subcontractor may substitute another subcontractor for a disclosed subcontractor by giving the town written notice of the name, address, and type of work the substitute subcontractor will perform. The substitute subcontractor is subject to all of the obligations of a subcontractor under this subchapter.
(C) Validity of pre-qualification classification.
(1) Upon designation by the town that a bidder’s or subcontractor’s submission is complete and timely, and upon any further consideration deemed necessary by the town, the bidder or subcontractor may be pre-qualified for future town public works projects. Pre-qualification shall exempt the bidder or subcontractor from the comprehensive submission requirements contained herein for a period of 12 months. Thereafter, bidders or subcontractors who are pre-qualified must submit a complete application for continuation of pre-qualified standing, on a form provided by the town, (i.e. a “short form”) by December 31 for the upcoming calendar year. Failure by any pre-qualified bidder or subcontractor to timely submit its complete application for continuation of pre-qualified standing shall result in automatic removal of the designation effective January 1 of the upcoming year. However, the removed bidder or subcontractor shall still be permitted to bid on or perform work on town public works projects.
(2) Any material changes to a contractor’s status, at any time, must be reported in writing within ten days of its occurrence to the town. The pre-qualification designation is solely within the discretion of the town and the town specifically reserves the right to change or revoke the designation for a stated written reason(s).
(3) Denial of pre-qualification shall be in writing and shall be forwarded to the contractor within seven working days of such decision. Any contractor denied or losing pre-qualification status may request reconsideration of the decision by submitting such request in writing to the town within five business days of receipt of notice of denial.
(D) Incomplete submissions by bidders. It is the sole responsibility of the bidder to comply with all submission requirements herein no later than the public bid opening. Submissions deemed inadequate, incomplete, or untimely by the town shall result in the automatic disqualification of the bid.
(E) Responsive and responsible bidder determination. After its review of complete and timely submissions, taking into account all information in the submission requirements, the town shall in its sole discretion, determine whether a bidder or subcontractor is responsive and responsible. The town reserves the right to utilize all information provided in the bidder or subcontractor's submission or any information obtained by the town through its own independent verification of the information provided.
(F) Certified payroll.
(1) For projects in which the cost is at least $150,000, the successful bidder and all subcontractors working on a public works project shall submit a certified payroll report utilizing federal form WH-347 or its successor form, which must be prepared on a weekly basis and submitted to the town within ten calendar days after the end of each week in which the successful bidder or subcontractor performed on the public works project. Certified payroll reports shall identify the job title and craft of each employee on the project, e.g., journeyman electrician or apprentice electrician. In the event any successful bidder or subcontractor uses independent contractors to perform work on the project, such individual must be identified on the federal form WH-347 or successor form with the same information as is required for employees.
(2) The town may withhold payment due for work performed by a successful bidder or subcontractor for failure to timely submit their respective certified payroll reports until such time as the reports are submitted. The town shall not withhold payment to a successful bidder or subcontractor for failure of the successful bidder or one or more other subcontractors to timely submit their certified payroll reports.
(G) Public records. All information submitted by a bidder or a subcontractor pursuant to this subchapter, including certified payrolls, are public records subject to review pursuant to the Indiana Access to Public Records law (IC 5-14-3).
(H) Penalties for false, deceptive, or fraudulent statements/information. Any bidder or subcontractor that willfully makes, or willfully causes to be made, a false, deceptive or fraudulent statement, or willfully submits false, deceptive or fraudulent information in connection with any submission made to the town shall be disqualified from bidding or working on all town projects for a period of three years.
(Ord. 2015-38, passed 12-28-15; Am. Ord. 2021-23A, passed 7-26-21)