Indianapolis-Marion County Revised Code § 261-401 Board of public works established.
Sec. 261-401. - Board of public works established.
There is hereby established a board of public works pursuant to IC 36-3-4-23.
(G.O. 15, 2001, § 2)
BOARD OF PUBLIC WORKS
Indianapolis-Marion County Revised Code tit. I, ch. 261, art. IV
in effectIndianapolis-Marion County Revised Code § 261-402 Members.
Sec. 261-402. - Members.
The board of public works shall be composed of seven (7) members, consisting of the director of the department of public works who shall be chairperson of the board, three (3) members appointed by the mayor, and three (3) members appointed by the council. Each appointed member shall serve a one-year term and until the member's successor is appointed and qualified, but serves at the pleasure of the appointing authority. In the event of a vacancy prior to the expiration of a term, the appointing authority shall appoint a member for the remainder of the unexpired term.
(G.O. 15, 2001, § 2)
Indianapolis-Marion County Revised Code § 261-403 Meetings.
Sec. 261-403. - Meetings.
The board shall hold regular meetings at least once a month at times and places prescribed by its rules or established by resolution. No notice to members is required for holding or taking any action at a regular meeting. A special meeting of the board may be called by the presiding officer or by three (3) members at any place in the county designated in the call. Each member shall be notified of the time and place of such a meeting by written notice, which must be delivered, mailed or sent by telegram so that each member has at least seventy-two (72) hours' notice of the meeting. The notice requirement may be waived as to a member if the member attends the meeting or executes a written waiver of notice. The waiver may be executed either before or after the meeting, but if executed after, it must state in general terms the purpose of the meeting.
(G.O. 15, 2001, § 2)
Indianapolis-Marion County Revised Code § 261-404 Board action.
Sec. 261-404. - Board action.
Four (4) members of the board shall constitute a quorum, and a minimum majority vote of at least four (4) board members shall be required to pass a resolution.
(G.O. 15, 2001, § 2)
Indianapolis-Marion County Revised Code § 261-405 Powers.
Sec. 261-405. - Powers.
The board of public works shall:
(1) Review all budgets prepared by the department of public works and recommend to the city-county council any revisions the board feels desirable;
(2) Review all budgets of the metropolitan thoroughfare district and recommend to the city-county council any revisions or adjustments as the board deems desirable;
(3) Hold any hearings to be held following public notice and make such findings and determinations required by applicable law to be made after such hearing, including but not limited to the issuance of special taxing district bonds;
(4) Approve the award and amendment of contracts by the department for the purchase or lease of capital equipment, supplies, materials, services, or other property where the contract is required to be bid under IC 5-22;
(5) Approve the award and amendment of public construction contracts required to be bid under IC 36-1-12;
(6) Approve the acquisition of and leases for real estate;
(7) Approve the disposal of property by the department of public works as specified in IC 36-1-11, excluding leases of real property, pursuant to IC 36-1-11, for the siting of cellular, digital personal communications systems, or other wireless communications systems towers and related equipment;
(8) Approve the employment of persons engaged by contract to render professional or consulting services;
(9) Accept streets and roads into the public road system after dedication pursuant to the procedure set forth in Chapter 691 of this Code;
(10) Exercise waste collection and disposal powers as described in IC 36-9-31;
(11) Exercise the powers given to the board of public works in Chapters 361, 391 and 672 of this Code;
(12) Contract with any individual or corporation for supplying the city with gas, water, steam, power, heat, wastewater treatment or electricity, but any such contract shall be submitted to the city-county council for approval; no such contract shall be for a term of longer than twenty-five (25) years; and this power shall not interfere with the exclusive power of the board of public works to enter into contracts for the lighting of public streets pursuant to this chapter;
(13) Hold hearings on appeal from denial of permits or waivers under the jurisdiction of the department of public works;
(14) Exercise the powers granted to the board of public works by IC 36-9-22, IC 36-9-37, IC 36-9-38 and IC 36-9-39;
(15) Exercise all powers granted to the transportation board or capital asset management board by IC 36-9-6.5 and IC 36-9-11.1;
(16) Contract with any individual or corporation for providing streetlights, maintenance for streetlights and lighting for streets, alleys or public places, but any such contract shall be submitted to the city-county council for approval; no such contract shall be for a term of longer than twenty-five (25) years;
(17) Exercise flood control power as described in IC 36-9-29.1, and drainage power as described in IC 36-9-27;
(18) Exercise all powers not specifically stated herein formerly granted to the board of transportation, the board of public works, the board of capital asset management, or the board of asset management and public works;
(19) Promulgate, pursuant to the procedures established in Chapter 141 of the Code, rules and regulations with respect to the department's powers, including but not limited to rules and regulations regarding contract administration and compliance of public construction pursuant to contracts awarded by the board or department of public works with regard to cost reduction incentives; and
(20) Any other powers granted by statute or ordinance or delegated by the mayor.
(G.O. 15, 2001, § 2; G.O. 37, 2010, § 2; G.O. 36, 2011, § 15)
Indianapolis-Marion County Revised Code § 261-406 Jurisdiction over stormwater management district.
Sec. 261-406. - Jurisdiction over stormwater management district.
Pursuant to the provisions of IC 8-1.5-6, the board of public works is established as the board which shall have exclusive jurisdiction over the collection and disposal of stormwater within the Marion County Stormwater Management District.
(G.O. 43, 2001, § 2)
Indianapolis-Marion County Revised Code § 261-407 Powers of the board.
Sec. 261-407. - Powers of the board.
In addition to all other general powers granted to it by statute or ordinance, as its functions relate to stormwater management, the board shall have all the powers and duties set forth in IC 8-1.5-5-6, including, but not limited to, the following:
(1) To hold hearings following public notice.
(2) To make findings and determinations on appeals and other matters necessary to achieve the purposes of this article.
(3) To install, maintain and operate a stormwater collection and disposal system.
(4) To make all necessary or desirable improvements of the grounds and premises under its control.
(5) To issue and sell bonds of the Marion County Stormwater Management District in the name of the municipality for the acquisition, construction, alteration, addition or extension of the stormwater collection and disposal system.
(6) To recommend to the city-county council reasonable and just rates and charges for stormwater services or to concur with the city-county council's determination of reasonable and just rates and charges for stormwater services and to assess and provide for the collection of stormwater user fees based upon such rates and charges.
(7) To adopt, amend and repeal regulations necessary to achieve the purposes of this article.
(G.O. 43, 2001, § 2)
Indianapolis-Marion County Revised Code § 261-408 Responsible bidding practices and submission requirements.
Sec. 261-408. - Responsible bidding practices and submission requirements.
(a) Bid submission requirements. Contractors proposing to submit bids on any City public works project estimated to be at least one hundred and fifty thousand dollars ($150,000.00) must, prior to the bid submission deadline, submit a statement made under oath and subject to perjury laws, on a form designated by the city (including electronic form at the city's discretion) and must include:
(1) Certification of eligibility to do business in the State of Indiana. Within seventy-two (72) hours of bid-opening, the apparent low bidder must provide a copy of a print-out of the Indiana Secretary of State's online records for the bidder dated within sixty (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 subsection shall not apply;
(2) A list identifying all former business names;
(3) Affirmation of compliance with all applicable federal, state, or local laws including, but not limited to, Indiana's Workers Compensation Statute and any requirements of the federal or state department of labor. This statement shall include 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;
(4) A statement describing the bidder's full-time staffing capabilities and intended additional labor (skilled labor and unskilled labor) sources from which labor will be derived on the public works project;
(5) Certification of bidder's labor force participation in apprenticeship and/or training programs approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. Within seventy-two (72) hours of bid-opening, the apparent low bidder must provide 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 certificates or standards for those training programs;
(6) Certification that the bidder has implemented an employee drug testing plan that meets, or exceeds, the requirements set forth in IC 36-1-12-24. Within seventy-two (72) hours of the bid-opening, the apparent low bidder must provide 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 in IC 36-1-12-24;
(7) Certification that the bidder will utilize project managers and superintendents with sufficient relevant management experience to complete the bidder's scope of work on the project. Within seventy-two (72) hours of bid-opening, the apparent low bidder must provide a list of the names and description of the relevant management experience of each of the bidder's project managers and superintendents that bidder intends to assign to work on the project;
(8) Certification that the bidder and/or its management personnel possesses any and all professional or trade licenses required by law for any trade or specialty area in which bidder is seeking a contract award without suspension or revocation of such licensure(s) within the previous five years. Within seventy-two (72) hours of bid-opening, the apparent low bidder must provide proof of such licensure, as well as disclosure of any letters of 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;
(9) Certification that the contractor is utilizing a surety company which is on the United States Department of Treasury's listing of approved sureties. Within seventy-two (72) hours of bid-opening, the apparent low bidder must provide evidence of utilization of a surety company listed as an approved surety by the United States Department of Treasury;
(10) A written statement listing and describing any federal, state, or local tax liens or tax delinquencies owed to any federal, state, or local taxing body in the last five years; and
(11) For contracts estimated to be at least three hundred thousand dollars ($300,000.00), certification that all contractors and subcontractors are qualified under IC 4-13.6-4 or IC 8-23-10. Within seventy-two (72) hours of bid-opening, the apparent low bidder must provide evidence that the apparent low bidder and all relevant subcontractors have been qualified under IC 4-13.6-4 or IC 8-23-4.
The city at its sole discretion may rely solely upon the certified statements of bidders without requiring or evaluating submissions of evidentiary support for determining responsible bidder status. By submitting a certified statement under this subsection, however, a bidder agrees to provide evidentiary support for all statements made in its certified statement under this subsection. The city reserves the right to require supplemental information from the bidder for verification of any of the information provided by the bidder and may also conduct random inquiries of the bidder's current and prior customers. Notwithstanding the foregoing, this section shall not apply to a public work project performed by the city in accordance with IC 36-1-12-3(b).
(b) Submissions from contractors.
(1) All bidders shall provide a written list that discloses the name, address, and type of work for each first-tier subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. All bidders shall adhere to city policy and procedures pertaining to minority owned business and women owned business utilization.
(2) In addition, each such first-tier subcontractor shall be required to adhere to the requirements of subsection (a) of this section as though it were bidding directly to the city, except that first-tier subcontractors shall submit the required information (including the name, address, and type of work for each of their first-tier subcontractors) to the bidder and the bidder shall then forward said information to the city. The city must receive this subcontractor information no later than five (5) business days after the subcontractor's first day of work on the public works project. Payment shall be withheld from any first-tier subcontractor who fails to timely submit said information until such information is submitted and approved by the city.
(3) Upon request, the city may require any bidder to provide the required information (including name, address, type of work on the project and the name of the higher-tier subcontractor) about its second and lower-tier subcontractors. Subject to IC 36-1-12, payments shall be withheld from any bidder who fails to timely submit this information until this information is submitted and approved by the city. Additionally, the city may require the successful bidder to remove the relevant subcontractor or second or lower-tier subcontractor from the project and replace it with a responsive and responsible subcontractor.
(4) Subject to IC 36-1-12, the city may withhold all payments otherwise due to a bidder for work performed by a subcontractor until such subcontractor submits the information required pursuant to this chapter and the city approves such information. Successful bidders shall only be permitted to use approved subcontractors which have provided required information to the city about the applicable responsive and responsible subcontractor.
(5) The disclosure of a subcontractor ("disclosed subcontractor") by a bidder or a subcontractor shall not create any rights in the disclosed subcontractor. A bidder and/or subcontractor may not substitute another subcontractor ("substitute subcontractor") for a disclosed subcontractor without written approval of city. The contractor shall provide written notice of the name, address, and type of work of the substitute subcontractor. The substitute subcontractor shall be subject to all of the obligations of a subcontractor under this chapter.
(c) Validity of responsible bidder status.
(1) Upon designation by the city that a contractor's or subcontractor's submission in anticipation of a bid is complete and timely, and upon any further consideration deemed necessary by the city, the contractor or subcontractor may be deemed a qualified responsible bidder for future city public works projects. A contractor's classification as "qualified responsible bidder" shall exempt the contractor or sub-contractor from the comprehensive submission requirements contained herein for a period of twelve (12) months. Thereafter, contractors or subcontractors who are deemed a qualified responsible bidder must submit a complete application for continuation of "qualified responsible bidder" status on a form provided by the city (also referred to as the "short form") by December 31 st for the upcoming calendar year. Failure by any contractor or subcontractor with predetermined "qualified responsible bidder" status to timely submit its complete application for continuation of "qualified responsible bidder" status shall result in automatic removal of the designation, effective January 1 of the upcoming year. However, the "removed" contractor or subcontractor shall still be permitted to bid on city public works projects, subject to bid submission requirements under subsections (a) and (b) above.
(2) Any material changes to the contractor's status, at any time, must be reported in writing within ten (10) days of its occurrence to the city. The qualified responsible bidder designation is solely within the discretion of the city and the city specifically reserves the right to change or revoke the designation for stated written reason(s).
(3) Denial of pre-qualification shall be in writing and shall be forwarded to the contractor within seven (7) working days of such decision. Any contractor denied or losing qualified responsible bidder status may request reconsideration of the decision by submitting such request in writing to the city within five (5) business days of receipt of notice of denial.
(d) Incomplete submissions by bidders. It is the sole responsibility of the potential bidder to comply with all submission requirements made applicable to the bidder by this section by no later than the public bid opening. Submissions from subcontractors must be in accordance with subsections (a) and (b) above and in a form designated by the city. Submissions deemed inadequate, incomplete, or untimely by the city may result in the disqualification of the bid.
(e) Responsive and responsible bidder determination. The city, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible pursuant to IC 36-1-12-4 and this section of the Revised Code. The city specifically reserves the right to utilize all information provided in the contractor or subcontractor's submission or any information obtained by the city through its own independent verification of the information provided by the contractor. In the event the lowest bidder is not selected, a written explanation will be provided.
(f) Certified payroll. For projects on which the estimated cost is at least is at least two hundred and fifty thousand dollars ($250,000.00), the successful bidder and all subcontractors working on a public work project shall submit a certified payroll report utilizing the federal form now known as the WH-347 which must be prepared on a weekly basis and submitted to the city within ten (10) calendar days after the end of each week in which the bidder or subcontractor performed its work on the public works project. These certified payroll records shall identify the job title, work classification, rate of pay, and craft of each employee on the project, e.g., journeyman electrician or apprentice electrician. As an alternative to using the WH-347 form, the successful bidder and subcontractors may use their own payroll reporting system so long as it conforms to the WH-347 form, contains all the same information, and is accompanied by federal form WH-348, Statement of Compliance.
Subject to IC 36-1-12, the city may withhold payment for work performed by a bidder if the bidder fails to timely submit its certified payroll reports until such times as such certified payroll reports are submitted. Subject to IC 36-1-12, the city may also withhold payment due for the work performed by a subcontractor if the subcontractor fails to timely submit its certified payroll reports until such time the certified payroll reports are submitted. The city shall not withhold payment to a bidder for work performed by the bidder or for work performed by subcontractors who have submitted their certified payroll reports, because one or more other subcontractors failed to timely submit their certified payroll reports.
(g) Public records. All information submitted by a bidder or a subcontractor pursuant to this chapter are public records subject to the Indiana Access to Public Records law (IC 5-14-3). Successful bidders and subcontractors shall produce the evidentiary support required by subsections (a) and (b), to the extent not already provided, in response to a public records request for the information, subject to IC 5-14-3.
(h) Penalties for false, deceptive, or fraudulent statements/information. Any bidder 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 city may, at the discretion of the city, be disqualified from bidding on all city projects for a period of up to three (3) years.
(G.O. 21, 2016, § 1; G.O. 22, 2026, § 1)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH261DEPUWO_ARTIVBOPUWOFetched: 10/27/2026