139.07 PROCEDURES AND CRITERIA TO DETERMINE LOWEST AND BEST BID FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.

   (a)   Definitions. For purposes of this section, the following definitions shall apply:

      (1)   “Public contract” means any contract for the construction, reconstruction, improvement, enlargement, renovation, alteration, repair, painting or decorating of any public improvement, the total overall project cost of which is fairly estimated to be more than twenty-five thousand dollars ($25,000) and which requires bidding.

      (2)   “Public improvement” includes all buildings, roads, streets, alleys, sewers, ditches, sewage disposal plants, water works, and all other structures or works constructed by the City or by any person or entity, who, pursuant to a contract with the City, constructs any public improvements for the City.

   (b)   Criteria to be Utilized. In addition to the dollar amount of the bid and any other factors made relevant by this chapter, the Safety Service Director, in determining the lowest and best bid for any public contract, as defined herein, shall consider and apply the following factors:

      (1)   The work, supplies and materials covered by the bidder’s bid.

      (2)   The bidder’s familiarity and experience with constructing the public improvement for which a bid has been submitted.

      (3)   The bidder’s performance record on similar construction projects.

      (4)   The number of years the bidder has been actively engaged as a contractor in the construction industry.

      (5)   The bidder’s recent experience record in the construction industry, including the original contract price for each construction job undertaken by the bidder, the amount of any change orders or cost overruns on each job and the reason for the change orders or cost overruns.

      (6)   The bidder’s record for complying with and meeting completion deadlines on construction projects.

      (7)   The bidder’s ability to secure an acceptable performance bond.

      (8)   Whether any claims have been made against performance bonds secured by the bidder on other construction projects.

      (9)   The continuity of the bidder’s work force.

      (10)   The bidder’s compliance record with unemployment and Workers’ Compensation laws.

      (11)   The bidder’s compliance record with federal and state prevailing wage laws.

   (c)   Safety Service Director Discretion. Each factor enumerated in subsection (b), standing alone, shall not be considered as determinative of the lowest and best bid. The Safety Service Director shall have complete discretion in assessing the level of importance to be placed upon any one or more of the factors enumerated and in determining the lowest and best bid and in awarding the public contract.

   (d)   Notice to Bidders. All bid invitations and specifications for construction, repair, and renovation work shall advise prospective bidders of all the factors that will be taken into consideration by the Safety Service Director in determining whether a bid is not only the lowest but the best bid. Bid specifications shall contain provisions conforming to this chapter, including a form or forms to enable a bidder to provide evidence to the Safety Service Director of the bidder’s compliance with, adherence to, or satisfaction of, the various factors that shall be considered by the Safety Service Director in determining the lowest and best bid.

(Ord. 2006-31. Passed 5-23-06.)