12/11/12 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 11, 2012 392 WHEREAS, the procedures for public bidding are prescribed by state law and federal and include the requirements to which persons wishing to bid on a public works project must comply, as well as those procedures to which the Board must adhere in carrying out its duties; and WHEREAS, I.C. §36- 1 -12 -4, as amended from time -to -time, provides various criteria which the Board may consider in determining whether a bidder is deemed "responsive" and "responsible" in making any contract award on a public works project; and WHEREAS, the criteria specified in I.C. § 36- 1 -12 -4 is not an exclusive listing of criteria by which the Board may make its award determination, and provides the Board with the authority to use its discretion in rejecting and awarding bids received on a public works project; and WHEREAS, the Board has determined that workers on public works contracts paid for out of public funds should be compensated fairly for the application of their skills and training, and it is in the best interests of the City and its citizens to ensure compliance with same; and WHEREAS, the Board desires to establish certain policies and procedures related to responsible bidding in awarding public contracts. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that: 1. The Board hereby determines that workers on public works contracts should be fairly compensated for work performed on public works projects, and that it is in the best interests of the City and its citizens that the Board set forth certain policies and procedures that will ensure such practices by contractors who are performing work on City projects that are subject to Indiana's competitive bidding laws. 2. The policies and procedures established by the Board in this resolution shall be applicable to a public works project where the cost is estimated to exceed $150,000 and is required to be competitively bid in accordance with I.C. 36- 1 -12 -1 et seq., as may be amended from time -to -time, and shall apply to those applicable public works projected awarded after January 1, 2013. - 3. In making its determination whether to award a bid, the Board may consider the criteria set forth at I.C. §36- 1 -12 -4, as amended from time -to -time, which shall include, but is not limited, to the following: a. In determining whether a bidder is responsive, the Board may consider the following factors: i. Whether the bidder has submitted a bid that conforms in all material respects to the specifications. ii. Whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders. iii. Whether the bidder has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract. iv. Any other criteria applicable under local, state and federal laws, rules and regulations, as each may be amended from time -to -time. b. In determining whether a bidder is a responsible bidder, the Board may consider the following factors: i. The ability and capacity of the bidder to perform the work. ii. The integrity, character, and reputation of the bidder, iii. The competence and experience of the bidder. iv. Any other criteria under applicable local, state and federal laws, rules and regulations, as each may be amended from time -to -time,