21-18 Establishing Responsible Bidding Practices and Submission Requirements on Public Works Projects

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Bill No. 21-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE A NEW ARTICLE 13 ESTABLISHING RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS STATEMENT OF PURPOSE AND INTENT The City of South Bend ("City") is required by State law to award capital improvement contracts to the"lowest responsive and responsible"bidder(IC §36-1-12- 4(b)(8)). The City pursuant to (IC 36-1-12-4(b)(10)) considers the following factors when determining whether a bidder is a"responsive"bidder: (a)whether the bidder has submitted a bid or quote that conforms in all material respects to the specifications; (b)whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders; and (c) whether the bidder has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.The City pursuant to Indiana Code 36-1-12-4(b)(11) considers the following factors when determining whether a bidder is a"responsible"bidder: (a)the ability and capacity of the bidder to perform the work; (b)the integrity, character, and reputation of the bidder;and(c)the competence and experience of the bidder. State law also requires that bidders meet certain minimum requirements in order to be a"responsive and responsible"bidder. The City, based upon its experience, has determined that quality workmanship, efficient operation, safety, and timely completion of projects requires all bidders to meet minimum requirements in order to be a"responsive and responsible"bidder.The City seeks to enhance its ability to identify"responsive and responsible"bidders on all City public works projects by instituting more comprehensive submission requirements which are in compliance with State law. This "Responsible Bidding Practices and Submission Requirements"Ordinance will assure efficient use of taxpayer dollars,will promote public safety, and is in the public interest.This Ordinance will also help ensure that no contractor awarded work under this Ordinance, or any subcontractor working on a project award pursuant to this Ordinance, engages in payroll fraud,tax fraud, including the misclassification of employees as independent contractors to avoid paying state, federal or local payroll taxes, workers' compensation insurance,unemployment insurance premiums and failing to pay overtime and wages as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS: SECTION I.Chapter 6(Building)of the South Bend Municipal Code is hereby amended to add a new Article 13 that shall read in its entirety as follows: 1