§ 329.22. Process for awarding construction contracts not exceeding one-hundred thousand dollars ($100,000.00).

The procurement of construction service contracts estimated to cost no more than one-hundred thousand dollars ($100,000.00) shall be conducted under this section as follows, provided that no purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.23:

(a)

The city agency must make all specifications for such contracts available for a period of not less than seventy-two (72) hours.

(b)

The city agency shall make reasonable efforts to secure bids from at least three (3) bidders and shall undertake reasonable measures to provide for competition among potential bidders. These requirements shall be satisfied if the director uses an electronic procurement system approved by the finance and management director.

(c)

The director authorized to make the expenditure shall evaluate each bid and award the contract to the lowest, responsive, responsible, and best bidder, subject to the provisions of Section 329.212.

(d)

Each bid submitted under this section shall be evaluated as follows:

(1)

The city reserves the right to reject a bid that is deemed non-responsive by the city. The following factors shall be used to determine whether a bid is responsive:

(a)

Whether bidder has submitted more than one (1) bid for the same work from an individual or entity under the same or different name, or corporation under the same name, or corporations with one (1) or more of the same persons as officers or directors of such corporations, or corporations which are holding companies, parent companies or holding companies that are subsidiaries of such corporations.

(b)

Whether bid prices are materially unbalanced as defined in the relevant sections of the technical specifications manual specified in the invitation for bid, where applicable.

(c)

Whether bidder has failed to comply with pre-qualification requirements as defined in the relevant sections of the technical specifications manual specified in the invitation for bid, where applicable.

(d)

Whether the bid contains conditions or qualifications not provided in the invitation for bid.

(e)

Whether the bidder failed to acknowledge addenda or the bid does not contain complete forms required to be included in the bid and the city determines that the bidder's bid does not respond to the invitation for bid in all material respects or contains irregularities or deviations which affects the amount of the bid or otherwise gives the bidder a competitive advantage.

(f)

Whether bidder adds a provision reserving the right to accept or reject an award.

(g)

Whether bidder fails to submit a unit price for each contract item listed, when required by the invitation for bid.

(h)

Whether bidder fails to submit a lump sum price where required.

(i)

Whether the bidder fails to submit the required bid guarantee or submits an irregular bid guarantee for the amount required.

(j)

Whether the bid contains other alterations, omissions, or errors such that, in the judgment of the city, the bid does not respond to the invitation for bid in all material respects, or contains irregularities or deviations from the invitation for bid that affect the amount of the bid or otherwise gives the bidder a competitive advantage.

(k)

Whether the bidder has complied with the requirements of Section 329.20(h) regarding subcontractors.

(2)

The city reserves the right to reject a bid that is deemed non-responsible by the contracting agency. The following project specific factors shall be used to determine whether a bid is responsible:

(a)

Whether the bidder has actively engaged in the construction industry and has experience in the area of construction service for which the bid has been submitted.

(b)

Whether the bidder has a successful record of complying with and meeting completion deadlines as well as controlling costs on similar construction projects.

(c)

Whether the bidder has demonstrated to the city's satisfaction adequate and appropriate resources, including, but not limited to, specialized equipment and human resources for the project.

(d)

Whether the bidder has substantial uncompleted work that would hinder the success of the project.

(e)

With respect to a bidder whose bid is determined to be ten (10) percent or more below that of the next lowest bidder, supplemental details regarding the bid and/or historical information regarding performance and costs on similar contracts to demonstrate the bidder's ability to complete the contract at the price specified.

(3)

No credit against price may be provided in evaluating the lowest bidder.

(e)

Any contract awarded under this section for more than one hundred thousand dollars ($100,000.00) but less than one hundred ten thousand dollars ($110,000.00) shall not require a bid waiver, pursuant to Section 329.15, but shall not be effective until approved by ordinance of council.

(f)

Any contract awarded under this section for more than one hundred ten thousand dollars ($110,000.00) shall require a bid waiver, pursuant to Section 329.15, and shall not be effective until approved by ordinance of council. If council rejects the request for a bid waiver, the contract must be re-bid under the provisions of Section 329.23.

(g)

Any contract awarded under this section funded in whole or in part by capital funds shall not be effective until approved by ordinance of council.

(Ord. No. 3062-2014, § 3, 12-15-2014; Ord. No. 1196-2015, § 5, 7-13-15)