The 'best value' construction contracting bill is back in committee Wednesday after a 3-3 split. Here's what the draft would require

A bill that would change how Denver picks the companies that build its roads, buildings and parks is back on a Council committee agenda. Council Bill 26-1540 is listed for the Transportation and Infrastructure Committee on Wednesday, Nov. 4, at 1 p.m. (agenda).

It is the same bill that split the committee 3-3 on Oct. 21, when members deadlocked on whether to postpone it (our earlier story). It was not on the committee's Oct. 28 agenda.

Why it matters: city construction, from bond-funded libraries to street projects, is paid for by residents. The bill would move the city away from defaulting to the lowest qualified bidder and make contractors attest to their record on wages, safety and benefits. Supporters say that protects workers and quality. Opponents, including some contractor groups, have said it could hurt small firms, Denver7 reported.

What the current draft says

The latest draft posted to the bill's record is version 8, dated for the Oct. 21 meeting (draft). No newer version had been posted as of Thursday. Under that draft:

• It covers city construction work, including reconstruction, construction maintenance and remodeling of public improvements.
• Bids are judged on more than price. Evaluation factors include proposed fees and costs, staff ability, past performance on similar projects, the ability to meet time and budget, and the firm's workload.
• At $1 million and up, contractors sign a "responsibility certification." An officer of the company would attest that it holds the needed licenses, is current on taxes, insurance and bonding, has not been debarred or defaulted on a project in five years, and has had no willful violations or judgments in five years for unpaid prevailing wages, unpaid wages or benefits, misclassifying workers or safety violations.
• Pay and benefits. The contractor would pay at least prevailing wages, offer health insurance, and, if it has five or more employees and has been in business two years, offer a retirement plan or use the state's Colorado SecureSavings program, or have a union contract that covers these.
• Safety. Skilled craft workers would need at least the 10-hour OSHA safety course, and the contractor would need a written safety plan and a safety officer.
• Subcontractors listed on a bid would sign the same certification, and the prime contractor would collect them.
• Enforcement. The department running the contract may verify the certifications and must find a bidder ineligible if it doesn't meet the standards. Knowingly signing a false certification is grounds for debarment.
• Exceptions apply for emergencies and where state or federal law or grant rules prohibit the requirements.

What our records add

Sponsors. Chris Hinds and Flor Alvidrez (Legistar).

The Oct. 21 split. Amanda Sandoval moved to postpone the bill to a later date. Voting to postpone were Kevin Flynn, Council President Diana Romero Campbell and Sandoval. Voting no were Alvidrez, Hinds and Shontel Lewis. Stacie Gilmore was absent (roll call). The record lists the action as "postponed to a date certain" (matter page).

What was said. At that meeting, the city's General Services director listed issues still open between the sponsors and the administration: effects on small and minority- and women-owned businesses, dollar thresholds, the timeline for putting it in place, and definitions (video). Romero Campbell said she believed in the sponsors' intent but had heard heavy opposition from small local businesses (video). Council member Paul Kashmann asked where the two sides still disagreed, including on health insurance (video).

The same sponsors are busy on a related front. Alvidrez is also a sponsor, with Lewis, of 26-1654, a bill rewriting the rules for the city's Transportation and Mobility fund. It is on the same Nov. 4 agenda.

What's next

• Nov. 4, 1 p.m.: Transportation and Infrastructure Committee (agenda). The committee can send the bill to the full Council, amend it or hold it again.
• If it advances, the bill would need a first reading and a final vote at the full Council. Watch the matter page for a new draft.