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REGULAR MEETING DECEMBER 11, 2012 393
<br />4. The criteria specified in Paragraph 3 are not an exclusive listing of factors for the
<br />Board's consideration.
<br />5. At all times during the course of performing work on a public works project,
<br />contractors are required to comply with all applicable local, state and federal laws,
<br />rules and regulations as each may be amended from time -to -time, and shall, upon
<br />request of the Board or its designee, provide evidence of such compliance.
<br />6. As evidence of compliance with the scale of wages required by state and/or federal
<br />law, or rules and regulations governing such wages as well as any other policies or
<br />procedures adopted by the Board related to wage rates, the Board may require the
<br />contractor to submit any or all of the following documentation:
<br />a. Certified payroll records in a form consistent with the form of payroll record
<br />attached hereto and incorporated herein as Exhibit "A ".
<br />b. The name, address, and telephone number of any benefit plan(s) or insurer(s)
<br />to which contractor contributes as part of a fringe benefit payment claimed on
<br />the public work project. If a contractor has provided such information to the
<br />Board related to work performed under a public works contract with the City
<br />of South Bend within three (3) years of the date of the most recent bid award,
<br />the Board may, in its sole discretion, permit contractor to attest as to any
<br />material changes.
<br />c. All contractors shall be required to provide the Board with written notice
<br />within ten (10) business days of any changes to wages and /or fringe benefits
<br />during the course of the project.
<br />d. The Board reserves the right to periodically confirm wage and fringe benefit
<br />payments claimed by any contractor, and to notify the contractor in writing of
<br />a finding of non - compliance. Contractor shall have five (5) business days
<br />from the receipt of such notice to correct any deficiency, and shall provide the
<br />Board with written confirmation of compliance. For purposes of this section,
<br />"non- compliance" shall be limited to willful failure to comply with applicable
<br />local, state and federal laws, rules and regulations, or fraud or failure to
<br />submit the information requested, failure to pay the wage rates and fringe
<br />benefits required by state law, or any other deviation or error by the
<br />contractor, the waiver of which, would place the contractor in a position of
<br />having an advantage over other bidders for the project, and shall not include
<br />clerical errors or other such mistakes that the Board deems immaterial.
<br />e. In administering this policy, it is the intent of the Board to randomly select at
<br />least two (2) public works projects annually to be audited for compliance with
<br />this policy. ]However, the Board reserves the right to audit all public works
<br />projects in order to ensure compliance with applicable local, state and federal
<br />laws, rules and regulations, and this policy.
<br />f In awarding public contracts, the Board reserves the right to consider
<br />continuing or repeated violation of any applicable local, state and federal
<br />laws, rules and regulations, including this policy, as a factor in determining
<br />whether a contractor is deemed a "responsible" bidder as described in
<br />Paragraph 3(b), above.
<br />7. Notwithstanding this policy and the procedures established herein, all bidders
<br />awarded a public contract shall be required to comply with all applicable local, state
<br />and federal laws, rules and regulations, as each may be amended from tune -to -time.
<br />8. Nothing in this Resolution shall be construed to require approval by the Board, nor
<br />prevent the Board from imposing additional conditions or restrictions that the Board,
<br />in its sole discretion, deems necessary or desirable in carrying out the general intents
<br />and purposes of this Resolution.
<br />9. This Resolution shall be in full force and effect upon its adoption by the Board of
<br />Public Works.
<br />ADOPTED at a meeting of the Board of Public Works held on December 11, 2012 at 227 West
<br />Jefferson, Room 1308, County -City Building, South Bend, Indiana 46601.
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