Chapter 2.27
PUBLIC CONSTRUCTION PROJECTS
Sections:
2.27.020 Random Drug Testing Program Required.
2.27.030 License required at time of submission of bid.
2.27.010 Definitions.
For purposes of this Chapter 2.27, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Contractor” shall mean the person, company or firm submitting a price, quote or bid for the award of a public works project.
“Public works project” shall mean the construction, reconstruction, alteration, or renovation of a public building, or other structure that is paid for out of an appropriation, and includes, the construction, alteration, or repair of a highway, street, alley, bridge, sewer, drain or other improvement.
“Quoter” shall mean a person, firm or company that is responding to a request for quotes for a public construction project under the public construction bidding laws.
(2.27.010, Added, 01/15/2005, Added 11/22/2004)
2.27.020 Random Drug Testing Program Required.
A. No board, commission or other agency of Vanderburgh County shall award a contract for a public works project to a contractor unless the contractor doing construction work on the project has in place at the time of submission of a quote or bid, a random drug testing program which shall at a minimum meet the following qualifications and criteria:
1. The contractor shall maintain a random drug testing program, and the program shall be reduced to writing;
2. Pursuant to I.C. § 4-13-18-6, the drug testing program shall contain at least a five (5) drug panel that tests for the following:
|
|
Drug Class |
|---|---|
|
1 |
Amphetamines |
|
2 |
Cocaine |
|
3 |
PCP |
|
4 |
Opiates |
|
5 |
THC |
3. All the employees of the contractor are subject to at least annual testing, and at least one-twelfth (1/12) of twenty-five percent (25%) of the employer’s total workforce shall be selected randomly each month for testing; and
4. The random drug testing program operated by the contractor shall contain a progressive discipline component for employees who fail the drug test that meets at least the following minimum steps:
a. The first positive test shall result in a thirty (30) day period of ineligibility for work, and upon returning to work, one (1) year of unannounced follow-up testing;
b. A second positive test shall result in a ninety (90) day period of ineligibility for work, and upon returning to work, one (1) year of unannounced follow-up testing;
c. A third positive test shall result in a one (1) year period of ineligibility for work, and upon returning to work, one (1) year of unannounced follow-up testing; and
d. Any subsequent positive test shall be treated the same as a third positive test.
At the discretion of the employer, the discipline issued above may include more severe discipline including, but not limited to, dismissal of the employee.
B. The random drug testing program for the contractor must be submitted with the bid. Alternatively, the contractor may file copies of the random drug testing program with the County Engineer and then certify under oath with a penalty for perjury with each subsequent bid that the random drug testing program on file is current and in effect at the time of submission of the bid and will remain in effect through the end of the project. Failure to provide evidence of the contractor’s random drug testing policy or program shall result in a rejection of the bid. Submitting false information concerning compliance with the requirements of this chapter shall result in the rejection of the bid or cancellation of the contract if an award has been made prior to determining the information is false by the board, commission or agency. In such event, the contractor shall be paid only for the work done prior to cancellation of the contract.
C. The public works contract must provide for the following:
1. The contractor implements the employee drug testing program described in the contractor’s plan.
2. Cancellation of the contract by the board, commission or other agency of Vanderburgh County awarding the contract if the contractor:
a. fail to implement its employee drug testing program during the term of the contract;
b. fail to provide information regarding implementation of the contractor’s employee drug testing program at the request of the board, commission or agency; or
c. provide to the board, commission or agency false information regarding the contractor’s employee drug testing program.
D. This section shall be applicable only to public works contracts awarded by Vanderburgh County where the cost of the contract is more than Twenty Thousand Dollars ($20,000.00).
(Ord. 07-22-013 § 1, amended, 07/12/2022; Ord. 06-22-007, amended, 05/24/2022; Ord. 07-15-008, Amended, 08/11/2015)(2.27.020, Added, 01/15/2005, Added 11/22/2004)
2.27.030 License required at time of submission of bid.
Each contractor submitting a bid or quote on a public work project to be awarded by a board, commission or agency of Vanderburgh County and every subcontractor to be used on the project, shall be properly licensed to do the work by the Evansville-Vanderburgh County Building Commission Office at the time the bid or quote is opened. Any bid or quote by a contractor not so licensed or indicating the use of a subcontractor not so licensed, shall be rejected as non-responsive to the bid or quote request, or the bidder or quoter shall be determined to be a non-responsible bidder or quoter. It shall be the bidder’s or quoter’s responsibility to check with the Office of the Building Commissioner to make sure it has all necessary licenses to undertake the work called for in the bid or quote.
(2.27.030, Added, 01/15/2005, Added 11/22/2004)