Chapter 3.95
PUBLIC CONSTRUCTION PROJECTS

Sections:

3.95.010    Definitions.

3.95.020    Random drug testing program required.

3.95.030    License required at time of submission of bid.

3.95.010 Definitions.

For the purposes of this chapter, 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 of the City Council, 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. [Ord. G-2004-16, passed 10-20-04. 1983 Code § 5.60.01.]

3.95.020 Random drug testing program required.

(A) No board, commission or other agency of the City shall award a contract for a public works project to a contractor unless the contractor and every subcontractor doing construction work on the project has in place at the time of submission of his 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) The drug testing program shall contain at least a five-drug panel that tests for the following drugs: amphetamines, cocaine, opiates (92,000 ng/mL), PCP and THC;

(3) All the employees of the contractor are subject to at least annual testing, and at least one-twelfth of 25 percent 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 30-day period of ineligibility for work, and upon returning to work, one year of unannounced follow-up testing;

(b) A second positive test shall result in a 90-day period of ineligibility for work, and upon returning to work, one year of unannounced follow-up testing;

(c) A third positive test shall result in a one-year period of ineligibility for work, and upon returning to work, one 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) 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) This section shall be applicable only to construction contracts where the cost of the contract is more than $10,000. [Ord. G-2004-16, passed 10-20-04. 1983 Code § 5.60.02.]

3.95.030 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 the City of Evansville, 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 nonresponsive to the bid or quote request, or the bidder or quoter shall be determined to be a nonresponsible 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. [Ord. G-2004-16, passed 10-20-04. 1983 Code § 5.60.03.]