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