§ 4-103. PUBLIC POLICY AND USE OF ALTERNATES AND ALTERNATIVE BID FORMS IN ADVERTISED COMPETITIVE BIDDING.

(a)

Council Findings. The Council finds and declares that it is the intent of the Council in enacting this section to achieve the following objectives when awarding contracts for which competitive bidding is required by the Charter:

(1)

To guard against actual (rather than the appearance of) favoritism, improvidence, extravagance, fraud and corruption.

(2)

To prevent the waste of public funds.

(3)

To obtain the best economic result for the public, securing the best public work of improvement, equipment, materials and supplies at the lowest price practicable.

(4)

To stimulate advantageous market place competition.

(5)

To administer competitive bidding so as to accomplish these objectives fairly and reasonably with sole reference to the public interest, because competitive bidding is for the benefit of property holders and taxpayers of the city, and not for the benefit or enrichment of the bidders.

(6)

To administer competitive bidding so the process does not impede the usual and regular progress of the public business, or deprive the public, even temporarily, of those things necessary and indispensable to protect the public interest.

(b)

Need for Budgetary Flexibility. The Council finds and declares that because the dollar amount of the lowest bid is not known until the bids are received and opened on the bid opening day, and because the amount of money available is limited, the city needs the budgetary flexibility afforded by:

(1)

Allowing it to list items on which bidders must provide bid prices, but which may or may not be added to or deleted from the contract, depending upon the availability of funds; and

(2)

Allowing it to utilize alternative bid forms in the same bid specifications on which bidders provide bid prices, but any such form may or may not be selected upon which to award the contract, depending upon the availability of funds.

(c)

Alternates. The City Manager may include in the bid specifications a requirement that a bid for a city contract include prices for items that may be added to, or deducted from, the scope of work or description of the equipment, materials or supplies to be supplied in the contract for which the bid is being submitted. Whenever additive or deductive items are included in a bid, the respective bid specifications shall specify which one of the methods expressly set forth herein will be used to determine the lowest bid. In the absence of such a specification, only the method provided by Subdivision (1) will be used.

(1)

Base Bid Method. The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.

(2)

Specified Combination Method. The lowest bid shall be the lowest total of the bid price on the base contract and the price on any additive and deductive item that was specifically identified in the respective bid specifications as being used for the purpose of determining the lowest bid.

(3)

Specified Priority Based on Available Funds Method. Any additive or deductive items shall be listed in the respective bid specifications in priority order. The lowest bid shall be the lowest total of the bid price on the base contract and the price on any additive and deductive item selected in the order of its specified priority as within the amount of available funds identified in the bid invitation.

(4)

Council Findings Method. After consideration of the amount of the bids received and the combination of work to be performed, the lowest bid shall be the lowest total of any combination of bid price on the base contract and the price on any additive or deductive item identified in the respective bid specifications and selected by the Council when the Council finds an award to the responsive and responsible bidder of the lowest bid either to be in the best interests of the city or obtains for the public the best economic result, and the purchase is authorized by resolution of the Council containing a declaration of the facts constituting the finding.

(d)

Alternative Bid Forms. The City Manager may include in the bid specifications a requirement that a bid for a city contract include prices for items on one or more alternative bid forms. Whenever alternative bid forms are included in a bid, the respective bid specifications shall specify which one of the methods expressly set forth herein will be used to determine the lowest bid. In the absence of such a specification, only the method provided by Subdivision (1) will be used.

(1)

Lowest Bid on Alternative Bid Forms Method. After applying to each alternative bid form the applicable method in subsection (c) for any additive or deductive items, the lowest bid shall be the lowest bid price of the alternative bid forms.

(2)

Specified Priority Based on Available Funds Method. The alternative bid forms shall be listed in the respective bid specifications in priority order. After applying to each alternative bid form the applicable method in subsection (c) for any additive or deductive items, the lowest bid shall be the bid price of the alternative bid form selected in the order of its specified priority as within the amount of available funds identified in the bid invitation.

(3)

Council Findings Method. After applying to each alternative bid form the applicable method in subsection (c) for any additive or deductive items, the lowest bid shall be the bid price of the alternative bid form selected by the Council after consideration of the amount of the bids received and the combination of work to be performed when the Council finds an award to the responsive and responsible bidder either to be in the best interests of the city or obtains for the public the best economic result, and the purchase is authorized by resolution of the Council containing a declaration of the facts constituting the finding.

(e)

Award of Contract. Subject to the Council's right to reject any and all bids, a responsive and responsible bidder who submitted the lowest bid as determined by subsections (c) and (d) shall be awarded the contract. Except for a contract awarded pursuant to subdivision (c)(4), this section does not preclude the city from adding to, or deducting from, the contract any of the additive or deductive items after the lowest responsive and responsible bidder has been determined.

(Added Ord. 2003-11, § 6, eff. 4-4-03; Am. Ord. 2007-96, § 3, eff. 1-19-08).