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File #: 05139    Version: Name: SUBSTITUTE Best Value Contracting
Type: Ordinance Status: Passed
File created: 12/5/2006 In control: BOARD OF PUBLIC WORKS
On agenda: 2/27/2007 Final action: 2/27/2007
Enactment date: 3/15/2007 Enactment #: ORD-07-00028
Title: AMENDED SUBSTITUTE - Renumbering Subsections 23.01(2)-(3) as Subsections 3.10(5)-(6), and creating Sec. 3.10(7) of the Madison General Ordinances to establish a method of applying Best Value Contracting principles to certain public construction contracts and projects accepting TIF financing.
Sponsors: David J. Cieslewicz, Zachariah Brandon, Austin W. King, Larry Palm, Lauren Cnare, Noel T. Radomski, Paul J. Van Rooy, Judy K. Olson, Michael E. Verveer, Tim Gruber, Brian Benford, Paul E. Skidmore, Isadore Knox Jr.
Attachments: 1. 05139 BVC Amendment.pdf, 2. 05139 Registration Statement.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
3/1/20073 Attorney's Office/Approval Group Approved As To Form  Action details Meeting details Not available
2/27/20073 COMMON COUNCIL Adopt With Amendment(s)Pass Action details Meeting details Not available
2/19/20072 BOARD OF ESTIMATES (ended 4/2017) Return to Lead with the Recommendation for ApprovalPass Action details Meeting details Not available
2/7/20072 BOARD OF PUBLIC WORKS RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICERPass Action details Meeting details Not available
2/7/20072 Finance Dept/Approval Group Approved Fiscal Note By The Comptroller's Office (SUBSTITUTES)   Action details Meeting details Not available
2/6/20072 Attorney's Office/Approval Group Approved As To Form  Action details Meeting details Not available
2/6/20072 Attorney's Office Fiscal Note Required / Approval  Action details Meeting details Not available
12/12/20061 Finance Dept/Approval Group Fiscal Note Pending  Action details Meeting details Not available
12/5/20061 Attorney's Office/Approval Group Approved As To Form  Action details Meeting details Not available
12/5/20061 Attorney's Office Fiscal Note Required / Approval  Action details Meeting details Not available
12/5/20061 COMMON COUNCIL ReferPass Action details Meeting details Not available
12/5/20061 BOARD OF PUBLIC WORKS Refer  Action details Meeting details Not available
Fiscal Note
Many of the requirements contained in this ordinance currently apply to public works contracts. This ordinance amendment would apply the current and additional requirements to all contractors and subcontractors bidding on City public works projects costing roughly $43,000 for single trade projects and $240,000 for multi-trade projects. Essentially, the ordinance adds contractor participation in defined apprenticeship programs, maintenance of employee substance abuse policies and disclosure of past violations of labor, environmental, antitrust or tax laws as prequalification requirements for bidding on City public works contracts. These higher prequalification requirements are expected to have an impact on the number and mix of bidders and the bid prices offered in response to public works bid solicitations. The nature of these impacts is, however, a matter of debate.

Some predict that the higher standard for prequalification will eliminate potential bidders, particularly small and newer businesses, from participating in the City public works bid processes. This will have the effect of reducing bid competition for City projects and result in higher prices paid by the City for public works construction. Others argue that the higher prequalification requirement will encourage participation by contractors who have avoided bidding in the past due to the unfair price advantage awarded contractors who do not participate in apprenticeship programs or adhere to the other additional requirements. In this view, greater competition may bring lower prices, better quality or both, and any higher prices which may be paid by the City are offset by the public benefit of encouraging and rewarding only those contractors that adhere to such practices.

The ordinance amendment will also result in additional administrative cost associated with administration of the prequalification process, enforcement of the ordinance requirements and the expansion of the publ...

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