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21-18 Establishing Responsible Bidding Practices and Submission Requirements on Public Works Projects
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21-18 Establishing Responsible Bidding Practices and Submission Requirements on Public Works Projects
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3/22/2018 1:09:27 PM
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3/22/2018 1:09:25 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/26/2018
Bill Number
21-18
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Bill No. 21-18 <br /> ORDINANCE NO. <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA,AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE <br /> TO INCLUDE A NEW ARTICLE 13 ESTABLISHING RESPONSIBLE BIDDING <br /> PRACTICES <br /> AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS <br /> STATEMENT OF PURPOSE AND INTENT <br /> The City of South Bend ("City") is required by State law to award capital <br /> improvement contracts to the"lowest responsive and responsible"bidder(IC §36-1-12- <br /> 4(b)(8)). The City pursuant to (IC 36-1-12-4(b)(10)) considers the following factors when <br /> determining whether a bidder is a"responsive"bidder: (a)whether the bidder has submitted a <br /> bid or quote that conforms in all material respects to the specifications; (b)whether the bidder <br /> has submitted a bid that complies specifically with the invitation to bid and the instructions to <br /> bidders; and (c) whether the bidder has complied with all applicable statutes, ordinances, <br /> resolutions, or rules pertaining to the award of a public contract.The City pursuant to Indiana <br /> Code 36-1-12-4(b)(11) considers the following factors when determining whether a bidder is <br /> a"responsible"bidder: (a)the ability and capacity of the bidder to perform the work; (b)the <br /> integrity, character, and reputation of the bidder;and(c)the competence and experience of <br /> the bidder. State law also requires that bidders meet certain minimum requirements in order <br /> to be a"responsive and responsible"bidder. <br /> The City, based upon its experience, has determined that quality workmanship, <br /> efficient operation, safety, and timely completion of projects requires all bidders to meet <br /> minimum requirements in order to be a"responsive and responsible"bidder.The City seeks <br /> to enhance its ability to identify"responsive and responsible"bidders on all City public <br /> works projects by instituting more comprehensive submission requirements which are in <br /> compliance with State law. <br /> This "Responsible Bidding Practices and Submission Requirements"Ordinance will <br /> assure efficient use of taxpayer dollars,will promote public safety, and is in the public <br /> interest.This Ordinance will also help ensure that no contractor awarded work under this <br /> Ordinance, or any subcontractor working on a project award pursuant to this Ordinance, <br /> engages in payroll fraud,tax fraud, including the misclassification of employees as <br /> independent contractors to avoid paying state, federal or local payroll taxes, workers' <br /> compensation insurance,unemployment insurance premiums and failing to pay overtime and <br /> wages as required by law. <br /> NOW,THEREFORE,BE IT ORDAINED BY THE <br /> COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS: <br /> SECTION I.Chapter 6(Building)of the South Bend Municipal Code is hereby amended <br /> to add a new Article 13 that shall read in its entirety as follows: <br /> 1 <br />
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