(A) Bid requirements.
(1) Public work with estimated cost of $150,000 or more:
(a) Plans and specs. The city shall develop and file plans and specifications in a public place. All plans and specifications for public buildings must be approved by the State Department of Health, Division of Fire and Building Safety and other state agencies designated by statute.
1. Architect/engineer. Public work performed or contracted for on a public building may be undertaken only in accordance with plans and specifications approved by licensed architect or engineer.
2. The city must, within 60 days after the completion of the public building work project, file in the Division of Fire and Building Safety a complete set of final record drawings for the public work project.
(b) Notice to bidders. Upon the filing of the plans and specifications, the city shall publish notice to bidders two times at least one week apart and no more than six weeks apart.
(c) Bid bond or certified check. May be required if the project is under $200,000. The amount of the bid bond shall equal 10% or less of estimated contract price.
(d) Form 96. The city shall require the bidder to submit with its bid on Form 96 (Contractor's Bid for Public Work) and include:
1. Financial statement;
2. Statement of experience;
3. Proposed plan or plans for performing the public work; and
4. Equipment list.
(e) Payment bond. May be required if the project is under $200,000. Penal amount of payment bond equal to contract amount.
(f) Performance bond. May be required if project is $200,000 or under. Penal amount of performance bond equal to contract amount.
(g) Wage scale and antidiscrimination.
1. All contracts by the city for public work must conform to the wage scale provisions of I.C. 5-16-7 through December 31, 2011. After December 31, 2011 and before January 1, 2013 wage scale provisions required for projects over $250,000. After January 1, 2013 wage scale provisions required for projects over $350,000.
2. A contract by the city for public work must conform with the antidiscrimination provisions of I.C. 5-16-6.
(2) Public work with estimated cost of $150,000.
(a) Plans and specs. The city shall develop and file plans and specifications in a public place. All plans and specifications for public buildings must be approved by the State Department of Health, Division of Fire and Building Safety and other state agencies designated by statute.
(b) Notice to bidders. Publish notice to bidder two times at least one week apart and no more than six weeks apart.
(c) Bid bond or certified check. May be required if the project is under $200,000. The amount of the bid bond shall equal 10% or less of estimated contract price.
(d) Payment bond. May be required if the project is under $200,000. Penal amount of the payment bond equal to contract amount.
(e) Performance bond. May be required if the project is under $200,000. Penal amount of performance bond equal to contract amount.
(f) Wage scale and antidiscrimination.
1. All contracts by the city for public work must conform to the wage scale provisions of I.C. 5-16-7 through December 31, 2011. After December 31, 2011 and before January 1, 2013 wage scale provisions required for projects over $250,000. After January 1, 2013 wage scale provisions required for projects over $350,000.
2. A contract by the city for public work must conform with the antidiscrimination provisions of I.C. 5-16-6.
(3) Additional requirements - public work of $200,000 or more.
(a) Plans and specs. City shall develop and file plans and specifications in a public place. All plans and specifications for public buildings must be approved by the State Department of Health, Division of Fire and Building Safety and other state agencies designated by statute.
1. Architect/engineer. Public work performed or contracted for on a public building may be undertaken only in accordance with plans and specifications approved by licensed architect or engineer.
2. The city must, within 60 days after the completion of the public building work project, file in the Division of Fire and Building Safety a complete set of final record drawings for the public work project.
(b) Notice to bidders. Publish notice to bidders two times at least one week apart and no more than six weeks apart.
(c) Bid bond or certified check. Shall be required if the project is more than $200,000. The amount of the bid bond or certified check shall equal 10% or less of estimated contract price.
(d) Payment bond. Shall be required if the project is more than $200,000. Penal amount of payment bond shall be equal to contract amount.
(e) Performance bond. Shall be required if the project is more than $200,000. Penal amount of performance bond shall be equal to contract amount.
(f) Retainage optional. City may require retainage for projects other than highways.
(g) Escrow upon contractor request. At the discretion of contractor, retainage shall be held by the city or shall be placed in an escrow account with a bank, savings and loan institution, or the state as the escrow agent.
(h) Wage scale and antidiscrimination.
1. All contracts by the city for public work must conform to the wage scale provisions of I.C. 5-16-7 through December 31, 2011. After December 31, 2011 and before January 1, 2013 wage scale provisions required for projects over $250,000. After January 1, 2013 wage scale provisions required for projects over $350,000.
2. A contract by the city for public work must conform with the antidiscrimination provisions of I.C. 5-16-6.
(B) Quote process - more than $50,000 and less than $150,000.
(1) May be used if project is more than $50,000 and less than $150,000. If a public works project costs at least $50,000, the city must:
(a) Invite three quotes.
(b) Except as permitted by allowed price preferences (I.C. 36-1-12-22) award the contract to the lowest responsible and responsive quoter.
(2) Projects over $100,000 - additional procedures.
(a) Plans and specifications must be approved by licensed architect or engineer.
(b) Bidder information Form 96 (Contractor's Bid for Public Works), including:
1. Financial statement,
2. Statement of experience,
3. Proposed plan for performing work, and
4. Equipment list.
(3) Payment bond. Optional if public work is less than $200,000.
(4) Performance bond. Optional if public work is less than $200,000.
(5) Filing of record drawings.
(6) Retainage optional.
(7) Escrow upon contractor request.
(8) Wage scale through December 31, 2011. All contracts by the city for public work must conform to the wage scale provisions of I.C. 5-16-7 through December 31, 2011. After December 31, 2011 and before January 1, 2013 wage scale provisions required for projects over $250,000. After January 1, 2013 wage scale provisions required for projects over $350,000.
(C) Quotes - alternate procedures for projects costing less than $50,000.
(1) The city must proceed under the following provisions:
(a) The city shall invite quotes from at least three persons known to deal in the class of work proposed to be done by mailing them a notice stating that plans and specifications are on file in a specified office. The notice must be mailed not less than seven days before the time fixed for receiving quotes.
(b) The city may not require a person to submit a quote before the meeting at which quotes are to be received. The meeting for receiving quotes must be open to the public. All quotes received shall be opened publicly and read aloud at the time and place designated and not before.
(c) The board shall award the contract for the public work to the lowest responsible and responsive quoter.
(d) The board may reject all quotes submitted.
1. If the city rejects all quotes, the city may negotiate and enter into agreements for the work in the open market without inviting or receiving quotes if the city establishes in writing the reasons for rejecting the quotes.
(e) The city may not proceed for the resurfacing (as defined in I.C. 8-14-2-1) of a road, street, or bridge, unless:
1. The weight or volume of the materials in the project is capable of accurate measurement and verification; and
2. The specifications define the geographic points at which the project begins and ends.
3. For the purposes of this section, if contiguous sections of a road, street, or bridge are to be resurfaced in a calendar year, all of the work shall be considered to comprise a single public work project.
(f) The city may perform the public work by means of its own workforce without awarding a public work contract.
1. Before the city may perform any work under this section by means of its own workforce, the city must have a group of employees on its staff who are capable of performing the construction, maintenance, and repair applicable to that public work.
(D) Quotes for public works projects costing less than $25,000. May be obtained by soliciting at least three quotes by telephone or facsimile transmission. The seven day waiting period required by subsection does not apply to quotes solicited under this division.
(E) City's own work force for public work less than $150,000.
(1) The city may perform any public work by means of its own work force, without awarding a contract whenever the cost of that public work project is estimated to be less than $150,000.
(a) Before the city may perform any public work by means of its own work force, the city must have a group of employees on its staff who are capable of performing the construction, maintenance, and repair applicable to that work.
(b) The cost of public work includes (i) the actual cost of materials, labor, equipment, and rental, (ii) a reasonable rate for use of trucks and heavy equipment owned, and (iii) all other expenses incidental to the performance of the project.
(c) The work force of the city may perform a public work only if:
1. The work force, through demonstrated skills, is capable of performing the public work; and
2. Notice requirement. For public work whose cost is estimated to be more than $100,000, the city must publish notice under I.C. 5-3-1 that describes the public work and sets forth the projected cost of each component of the public work.
3. And, the city determines at a public meeting that it is in the public interest to perform the public work with its own workforce. A public work project performed by the city's own workforce must be inspected and accepted as complete in the same manner as a public work project performed under a contract awarded after receiving bids.
4. When the project involves the rental of equipment with an operator furnished by the city, or the installation or application of materials by the supplier of the materials, the project is considered to be a public work project. However, an annual contract may be awarded for equipment rental and materials to be installed or applied during a calendar or fiscal year if the proposed project or projects are described in the bid specifications.
(2) Routine maintenance under $150,000. The city may award a contract for public work for routine operations, routine repair, or routine maintenance of existing structures, buildings, or real property if the cost of the public work is estimated to be less than $150,000 as described in the general purchasing statutes. (See division (E)(1) of this section).
(3) Emergency contracts. In case of an emergency, the city may contract for a public work project without advertising for bids if bids or quotes are invited from at least two persons known to deal in the public work required to be done. The minutes of the city must show the declaration of emergency and the names of the persons invited to bid or provide quotes.
(Ord. 2020-4A, passed 3-3-2020)
Statutory reference:
Public work projects, see I.C. 36-1-12-3
Bidding procedures for projects costing more than certain amounts, see I.C. 36-1-12-4
Bond or certified check; filing by bidders, see I.C. 36-1-12-4.5
Alternate procedures for projects costing less than $150,000, see I.C. 36-1-12-4.9
Public buildings; approval of plans and specifications by licensed architect or engineer, see I.C. 36-1-12-7
Emergencies; contracts by invitation, see I.C. 36-1-12-9
Plans and specifications; approval by various agencies, see I.C. 36-1-12-10
Completion of project; procedure, see I.C. 36-1-12-11
Payment bond for public work projects in excess of $200,000; claims; suits on bond; waiver of payment bond, see I.C. 36-1-12-13.1
Contracts in excess of $200,000; retaining portions of payments; escrow agreements; performance bonds; payment on substantial completion; actions against surety contracts less than $250,000, see I.C. 36-1-12-14