(A) Definition. For purposes of this chapter, the term PUBLIC WORK has the meaning set forth in I.C. 36-1-12-2. PUBLIC WORK shall also include 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, airport facility, 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 do 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 a public fund or out of a special assessment. The term also includes any public work leased by a political subdivision under a lease containing an option to purchase.
(B) Requirements.
(1) The bidder shall include:
(a) A valid federal employer tax identification number for the bidder, or, if the bidder is an individual, a valid Social Security number;
(b) A statement of compliance with provisions of § 2000e of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246, as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions);
(c) Certificates of insurance coverage for:
1. General liability; and
2. Automobile liability, or as otherwise set forth in the bid specifications.
(d) 1. A statement of compliance with all provisions of the Indiana Common Construction Wage Law and the federal Davis-Bacon and any related acts, and all rules and regulations therein, for the past five years;
2. Such statement shall also provide that the bidder has reviewed the Common Construction Wage Law, the federal Davis-Bacon Act, and any related acts, has reviewed and agrees to pay the applicable common construction wage (or prevailing wage rate) as set forth in the common construction wage rate schedule (or prevailing wage determination) attached to the bid specifications, and will strictly comply with the Common Construction Wage Law (and federal Davis-Bacon and any related acts, if applicable) and related requirements;
3. A bidder who has been found by the State Department of Labor to have a violation of the Common Construction Wage Law that has not been fully remedied within 60 days of the bidder’s receipt of notice of said violation shall be deemed not to be a responsible and responsive bidder for two years from the date of said finding. A bidder may also be deemed not to be a responsible and responsive bidder if the bidder has committed multiple violations of the Common Construction Wage Law, regardless of whether or not such violations have been remedied. Further, a bidder on the federal Excluded Parties List System (www.epls.gov) shall be deemed not to be a responsible and responsive bidder;
(e) 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. The required evidence includes a copy of all applicable apprenticeship standards and apprenticeship agreement(s) for any apprentice(s) who will perform work on the public work project;
(f) A copy of a written plan for employee drug testing that:
1. Covers all employees of the bidder who will perform work on the public work project; and
2. Meets, or exceeds, the requirements set forth I.C. 4-13-18.
(g) A statement that individuals who will perform work on the public work project on behalf of the bidder will be properly classified as either an employee or an independent contractor, under all applicable state and federal laws and local ordinances.
(2) The disclosure of a subcontractor (“disclosed subcontractor”) by a bidder or a subcontractor shall not create any rights in the disclosed subcontractor. Thus, a bidder and/or subcontractor may substitute another subcontractor (“substitute subcontractor”) for a disclosed subcontractor by giving the town written notice of the name, address, and type of work of the substitute subcontractor. The substitute subcontractor is subject to all of the obligations of a subcontractor under §§ 37.15 through 37.20.
(Ord. 2011-02, passed 5-16-2011)