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(8) A statement as to past performance of the last three public works projects completed by the <br />contractor. Such statements shall include the name of the public body and the project, original <br />contract price, final contract price, the name of all sub -contractors used, if applicable, and a statement <br />as to compliance with completion deadlines. <br />All contractors, including sub -contractors, must comply with the above requirements. The primary contractor <br />shall submit: (1) all evidence of its compliance at the time it submits its bid to the county; and (2) evidence of all <br />sub -contractors' compliance no later than the date and time of the contract award. <br />(i) <br />(j) <br />Lowest bidder not chosen. When the award is not awarded to the lowest bidder, the city council shall state <br />specific reasons for awarding the bid to other than the lowest bidder. <br />Multiple low bids. When two or more responsible bidders submit the same low bid, the contract award shall <br />be determined at the discretion of the city. <br />(k) Insurance and indemnification. All contractors performing construction shall be required to indemnify, <br />defend and hold harmless the city and to carry such insurance as reasonably required by the city attorney. <br />(I) Contract bond. Contractors performing construction activities shall provide the city with a performance and <br />payment bond. Certain other non -construction contractors, in cases where the city might be put at risk, may <br />also be required to submit a contract bond to the city, as determined by the city. Contract bonds shall be <br />issued by a surety company which is listed and approved by the U.S. Department of Treasury, and which shall <br />guarantee the performance of the work by the contractor, the payment at the prevailing rate of hourly <br />wages and the payment for all labor, materials, apparatus, fixtures and machinery necessary to complete the <br />project. The city may allow bidders to provide a non -diminishing irrevocable bank letter of credit, in lieu of <br />the bond, provided that any such bank letter of credit shall contain all the provisions required for bonds. <br />(Ord. No. 988G, § 1, 10-20-08; Ord. No. 42H, § 1, 12-21-09; Ord. No. 249H, § 1(Exh. A), 4-20-15; Ord. No. 318H, § 1, <br />12-5-16) <br />(Supp. No. 25) <br />Created: 2021-03-26 21:32:37 [EST] <br />Page 3 of 3 <br />