Ordinance No. 96-09 41- R x
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x _ CITY OF TIGARD,OREGON
ORDINANCE NO 96-�gj
AN ORDINANCE REPEALING ORDINANCE 87-59 AND ADOPTING RULES OF THE f
CITY OF TIGARD LOCAL CONTRACT REVIEW BOARD.
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WHEREAS, State law mandates that all public contracts shall be based on competitive
bid except as otherwise provided by law or the rules of the Local Contract Review Board;
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WHEREAS,Local Contract Review Board rules and procedures are necessary in order to
z, carry out the State law to ensure a fair and open contracting process and to protect thc °h
City against litigation;and •f
WHEREAS, the Attorney General updated the Model Public Contract Rules Manual in s .
January 1995;and I 4
WHEREAS, the Tigard City Council finds A desirable to modify the City's Rules to be in { :`° ,
substantial conformance with the Attorney General's model
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: . {sem
SECTION 1: The Tigard City Council, acting as the Local Contract Review Board,
does hereby repeal Ordinance 87-59 in its en`ureiy and adopts the .
attached"Exhibit A"as the new Local Contract Review Board Rules.
- T�RUk 1996.PASSEu: This day of�
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es Nicoli,Mayor ! r
EST: 5
City Recorder-City of Tig rd `
' Date t
, , alai lei caellfq Al
ORDINANCE No.96-0 f w
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"EXHIBIT A >
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CITY OF TIGARII -�
r LOCAL CONTRACT REVIEW BOARD RULES
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The following Administrative Rules(AR)have been adopted by the City Council acting as ,
4 � the Local Contract Review Board and are effective March 28, 1996. These rules f, ye ,
been adopted pursuant to the authority granted to the Board by Ordinance No. 96. T 'e
'4 rules shall apply to all contracting,purchasing,and disposing of personal property by the r "
City of Tigard. .
TABLE OF CONTENTS r '
{ 10.000 _Contracts Exempt From Competitive Bidding And Requirements f ;Y
Contracts ,
10.010 Exemptions and Definitions
10.015 Exemption of Contracts Under Certain Dollar Amounts
ext, 10.020 Contracts for Price Rpm Elated Iten;s
t 10.025 Copyrighted Materials
$rf 10.030 Library Aggregate Purchases-Library Periodicals
g 10.035 Advertising Contracts
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t 10.040 Equipment Maintenance Repair and Overhaul :;
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10.045 Purchases of Used Personal Property b
10.050 Purchases Under Established Requirements Contracts f
10.055 Gasoline, Diesel Fuel,Heating Oil,Lubricants and Asphalt a
10.060 Requirements Contracts -
10.065 Investment Contracts
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10.070 Insurance Contracts
h 10.075 Employee Benefit Insurance ,
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10.080 Data and Word Processing Contracts
10.081 Telecommunications Systems Contracts =f ;
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10.082 Telecommunications Services fi
# 10.083 Office Copier Purchases
10.085 Single Seller of Product Requiredz
10.090 Contract Amendments(Including Change Orders and Extra Work) t
x 10.100 Affirmative Action Contracts
10.105 Responsibility of Public Agencies
10.110 Request for Proposal
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" 2 10.115 Purchase Off Contract By Other Public Agencies >,
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10.120 Oil or Hazardous Material Removal
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tkt3v c 20.000 Brand Names Or Marks
vs ! 20.010 Specification o.Particular Brand,...,....s or Products �
20.020 Copyrighted Materials
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20.030 SinalP MOn�!f?rt lr�r Cr CoipaiiutC PfotiuCts V
20.040 Product Prequalification
20.050 Brand Name o,Mark Exemption Applications
20.060 Conditions of Brand Name Exemptions
�licQProcedures
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4 30.002 Definitions
sM 30.005 Competitive Bidding
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W`* f, K 30.008 Eligibility to Bid on Construction Contracts
MEE30.010 Bid Documents
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30.012 Bids Are Offers
30.013 Facsimile Bids and Proposals �
' 30.015 Public Notice
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30.020 Bid Preparation
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30.025 Bidder Prequali6cation
4 30.030 Bidder Submissions ,
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30.040 Pre-Bid Conferences "
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30.050 Protest of Bid Specifications
V 30.055. Addenda to Bid Documents
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"x 30.060 Pre-Opening Modification or Withdrawal of Bids
30.065 Receipt,Opening,and Recording of Bids inow
30.070 Late Bids,Late Withdrawals,and Late Modifications
30.075 Mistakes in Bids i
30.080 Time for Acceptance
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�» r 30.085 Extension of Time for Acceptance of Bid
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-} E ,S ? 30.090 Bid Evaluation and Award —
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a 30.091 Life Cycle Cost Analysis
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i. 30.092 Responsible Bidders;Responsibility Investigation
k 30.093 Responsive and Nonresponsive Bids or Proposals; Acceptance and
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+MY ;� Rejection
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30.096 Low Tie Bids
30.100 Rejection of Individual Bids or Proposals -
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30.102 Rejection of All Bids or Proposals
30.104 Protest of Award
30.105 Negotiation with Bidders Prohibited z
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r 30.110 Bidder Disqualification �? P
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MT� r y 30.115 Cancellation of Invitations to Bid
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30.120 Disposition of Bids or Proposals if Bid Cancelled
30.125 Documentation of Award
30.130 Foreign Con,.actor
t 30.135 Availability of Award Decisions-Contract Retention
30.140 Performance Security
30.145 Right to Audit Records rk
30.150 Right to Inspect Plant t1%,
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30.155 Contract Cancellation Procedures 7
+? 40.000 Public Improvement Contracts ,
{ " 40.000 Application [-
40.005 Competitive Biddingn
> 3:< 40.010 Public Notices
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t 40.025 Retainage
40.030 Progress Payments
40.035 Final Inspection d
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r, 40.045 Claims for Unpaid Labor or Supplies
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50.000 Waiver Of Security Bid And Performance Bond '
{ 50.010 Bid Security Requirements
50.020 Contracts Under$10,000 Q G
50.030 Subcontracting to Emerging Small Businesses
60.000 Propedy Disposition
60.005 Surplus Personal Property
60.010 Auction Sales of Personal Property
60.015 Sales of Personal Property
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60.020 Liquidation Sales of Personal Property :
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60.025 Donations of Personal Property
F 60.030 Trade of Personal Property l
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� A 70.010 Personal Services Contracts
R 70.020 Screening and Selection Policy for Personal Services Contracts
80.000 Emergency/Contracts:Specific Exemption Reoueats•Bows }
Exception Procedures Temporary Exceptions
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AIN 80.010 Emergency Contracts H
80.ui2 EMernPncv Contracts Under ORS 279.015(2)
80.015 Specific Exemptions
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80.020 Notice Of Application �. V
2 80.030 Board Hearing
80.040 Temporary Rules Exemptions
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u< ,; 80.050 Unanimous Consent Calendar
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90,000 �tio__,
y'ciaoieiRecyciing Purchasing Guidelines
90.010 Recycled Materials and Products Guidelines —
� fi 90.011 Recycled Materials Preference
a� a - 90.012 Recycled Materials and Products Purchasing Guidelines
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� y TIGARD LOCAL CONTRACT REVIEW BOARD
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a ADMINISTRATIVE RULES �� ,
AR 10.000 CON1KAU[b tXtMl'I tKVM UUMFI=1IIIVE t3IUUIN(3 ANU
REQUIREMENTS CONTRACTS. aa ' do
"]0.010 1. EXemntionsAnd Definitions. ,
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All public contracts shall be based upon competitive bidding except `
k the following:
a. Contracts made with other public agencies, including the
State System of Higher Education, or the federal
government. .z
r b. Contracts which are exclusively for personal services ast
defined in Section 70.000. Such contracts may include
s ind ental materials such as written reports, afchitectural or
engineering renderings and similar supplemental materials. 3 :
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C. Contracts specifically exempt under these rules:
10.015 Exemption Of Contracts Under Certain Dollar
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` Amounts
10.020 Contracts For Price Regulated Items t
10.025 Copyrighted Materials F}
10.030 Library Aggregate Purchases-Library Periodicals �u
10.035 Advertising Contracts
10.040 Equipment Maintenance Repair And Overhaul "
10.045 Purchase of Used Personal PropertyF . k
10.050 Purchases Under Established Requirements
x Contracts
10.055 Gasoline, Diesel Fuel, Heating Oil, Lubricants v ;
r and Asphalt
# 10.060 Requirements Contracts
10.065 Investment Contracts '
10.070 Insurance Contracts
10.075 Employee Benefit Insurance t
zA 10.080 Data and Word Processing Contracts '_ 4
10.081 TelPrnmmunications Svstemq Cnntrartc k _
10.082 Telecommunications Services 'W x4
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10.083 Office Copier Purchases *4 N
t' 10.085 Single Seller of Product Required
10.090 Contract Amendments (including Chane Orders
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} and Extra Work) '
10.100 Affirmative Action Contracts •
�x �Y. 10.105 Responsibility of Public Agencies _
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10.115 Purchase Off Contract By Other Public Agencies
' 10.120 Oil or Hazardous Material Removal ,
fs 10.125 Real Property Acquisition
d. As used in this section:
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t (1) "Board" means the City of Tigard Local Contract '
Review Board. -- '
} (2) "City"or"The City"means Tigard,Oregon. °
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(3) "Competitive bidding"means the solicitation by the City
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of competitive offers which follow the formal process for
T t advertising, bid and bid opening required by ORS ( ^t
vl lc F.cl 2r a,anu applicable i uies u,the City of Tigard "a a
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Local Contract Review Board;
(4) "Competitive quotes"means the solicitation of offers by
J the City from competing vendors. The solicitation mayAvP
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+ be by advertisement or by the City initiating a request to
vendors to make an offer. The solicitation and the offer
{ may be in writing or oral.
(5) "Invitation to bid" means the solicitation of competitive + -
offers in which specification, price and delivery (or ('3
s L project completion) will be the predominant awardA.
criteria.
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(6) "Personal property" means everything subject to I .,
ownership which is not real property and has
a ni s exchangeable value. `�} *R-
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"Price agreement" means the same as requirements
contract defined in this section. w
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(8) 'Request for Proposal' means the solicitation of
1 f' competitive proposals, or offers,to be used as a basis
" for making an acquisition, or entering into a contract 5
s when specification and price will not necessarily be the Y s
predominant award criteria.
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s .4� (4) Key UIf CIIICIItJ Vlriu ai:i'iilCc:!_^It pulcciiictu i„'r•i iivii � ` "' y �
I t le vendor agrees to supply all the purchaser's x
requirements that arise for an item or items within a � *
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1 specified time period. �OBJ M4 MRN
(10)
x (10) "Service" means work performed to meet a demand, k u .
� especially work that is not connected with
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(11) "Service contract"means a contract that calls primarily
for a contractor's time and effort rather than for an end k
product.
10.015 Exemption of Contracts Under Certain Dollar Amounts
Public Contracts r
1. The City may, in its discretion, let public contracts not to exceed x
$25,000 for the purchase of goods, materials, supplies and
services without competitive bidding,if the City has determined that #
the awarding of the contract without competitive bidding will resultxv
in cost savings and the following conditions are complied with:
a. The contract is for a single project,and is not a component of s
or related to any other project.
b. When the amount of the contract does not exceed $2,500,
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the City should,where feasible,obtain competitive quotes. �tLrl
C. When the amount of the contract is more than $2,500, but
J less than $25,000, the City shall obtain a minimum of threer k
competitive quotes. The City shall keep a written record of r rf
the source and amount of the quotes received. If three r r
quotes are not available,a lesser number will suffice provided
g that a written record is made of the effort to obtain the i
a 4 1 quotes. r �
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2. The City may, in its discretion, let public contracts for trade related
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fi projects, i.e.,construction,maintenance, repair, or similar labor and -
<� z materials contracts without competitive bidding if the City hasMN
determined that the awarding of the contract without competitive
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bidding will result in cost savings and the following conditions arek�
u. The contract is for a single project,and is not a component of ' �
or related to any other project;
b. When the amount of the contract does not exceed $2,500,
x the City should,where feasible,obtain competitive quotes;
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c. When the amount of the contract is more than $2,500 but r "`
less than $25,000, except as provided in subsection (d) the
City shall obtain a minimum of three competitive quotes. The -`
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= City shall keep a writte:; record of the source and amount of
the quotes received. If three quotes are not available, a
lesser number will suffice provided that a written record is �� r
made of the effort to obtain the quotes.
- d. When the contract is for maintenance or repair of roads, "
{ highways or parking lots and is less than $25,000, the City
may let the contract without competitive bidding if a minimum
of three competitive quotes are obtained. The City shall keep ..
a written record of the source and amount of the quotes
received. If three quotes are not available, a lesser number
will suffice provided a written record is made of the effort to
obtain the quotes.
10.020 Contracts For Price Regulated Itemst II
The City may, without competitive bidding, contract for the purchase of t �*
goods or services where the rate or price for the goods or services being s
- purchased is established by federal,state or local regulatory authority. ,
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10.025 Copyrighted Materials
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If the contract is for the purchase of copyrighted materials and there is
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; r 5 only one supplier available for such goods, the City may contract for the ,
purchase of the goods without competitive bidding. Mt
10,030 Library Aggregate Purchases-Library Periodicals
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1. Purr_hasPs of Iihrary mntarialc fnr the r;h, i;ti. ent to tha
t� exemption rule, AR 10.015 (1), are exempt from the $25,000 tk r ;
t aggregate restriction of that rule. WW `
2. Purchases for the library of subscriptions for periodicals including "
journals, magazines,and similar publications may be made without
5 competitive bidding.
� 10.03$ Advertising Contracts -
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The City may purchase advertising without competitive bidding. $"
l 10,240 Equipment Maintenance Repair And Overhaul
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1. Contracts for equipment maintenance, repair, or overhaul may be
let without competitive bidding,subject to the following conditions: Q
j a. The services and/or parts required are unknown and the cost E '
cannot be determined without extensive prelim..ina �
dismantling or testing;or
'ed are for gnnhicficatorl
r b. The services and/or pakw require .. sophisticated
N equipment for which specially trained personnel are required
and such personnel are available from only one source. .
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2. If the contract exceeds $10,000, the City shall document in its # .
procurement file the reasons why competitive bids or quotes were
deemed to be impractical. j
10.045 Purchases of Used Personal Proporty ;
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Subject to the provisions of this rule, the City may purchase usedu '
personal property without competitive bidding and without obtaining
r competitive quotes, if the City has determined that the purchase will
"IR,, result in cost savings and will not diminish competition or encourage
a j favoritism. `used personai property or equipment° is property or ;K
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� f equipment which has been placed in use by a previous owner or user for s 4 t
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a period of time recognized in the relevant trade or industry as "used"at ,' AM'�ti .
x the time of the purchase"Used personal property or equipment"generally 'rz
does not include property or equipment if the City was the previous user,
whether under a lease, as part of a dernonstration,trial project, or similar
k; ? arrangement. ;
r 1 y 8. Fnr no rrha-e_
cf UZ;CJ Plupviiy or equipment costingless than
$10,000 the City shall, where feasible, obtain three competitive
_ quotes, unless the City has determined and documented that a "
'.:
} purchase without obtaining competitive quotes will result in cost
savings to the City. 4 4<
b. For purchases of used
s P personal property or equipment over
$10,000, or up to the maximum dollar limitation stated in AR
10.015, the City shall obtain and keep a written record of the
source of amount of quotes received. If three quotes are not p _.
available, a written record must be made of the attempt to obtain a, �
quotes.
C. If the total purchase is estimated to exceed the maximum dollar
2 limitation stated in AR 10.015, the Department shall submit a i}
written request for written approval from the City Administrator prior ¢ � :
to making the purchase.
10.050 Purchases Under Establish d Requirements Contract``
1• When the price of goods and services has been established by a _ #_
s
requirements contract Pursuant to AR 10.060, the laity may
purchase the goods and services from the supplier without
subsequent competitive bidding. -`
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2. The City may use the requirements contract entered into by
another public contracting agency when a formai interagency
41. agreement exists between the City and the other agency.
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10.0 Gasoline Diesel Fuei Heating Oil,Lubricants And Asohalt f r;/ M .
1. The City may, without competitive bidding, purchase gasoline,
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a _ diesel fuel, heating oil, lubricants, and asphalt subject to the
r}� Y following conditions
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f the nnnrrorinr the riff#caakc rmmnotitiva
t� quotes from at least three vendors in the area;
r,t, b. The City makes its purchase from the least expensive gi`
} source;and 131
C. The City retains written justification for the purchase made.
10.060 Requirements Contracts h
1. The City may enter into requirements contracts whereby it is
{; agreed to purchase requirements or an anticipated need ata
j predetermined rice providing the following conditions are complied
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y with: '
4
a. The contract must be let by competitive bidding pursuant to
t the requirements of Chapter 279, Oregon Revised Statutes ;;
and applicable rules of the City's Local Contract Review
2
Board.
gpx,, b. The term of the contract including renewals does not exceed
three years.
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C. Emergency purchases declared pursuant to ORS 279.015(4) h x
7 and AR 80.010 a`
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10.065 Investment Contracts
The City may,without competitive bidding,contract for the purpose of the
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t investment of public funds or the borrong of funds by the City when
such investment or borrowing is contracted pursuant to duly enacted
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statute,ordinance,charter or constitution. .
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10.070 n ranee Contracts W
1. Contracts for insurance where either the annual or aggr_-gate
premium exceeds$5,000 must be let by formal competitive bidding .
+, or by one of the following procedures:
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a. Aqent of RPrnrrl
The City may appoint a licensed insurance agent ("agent of
record") to perform insurance services in connection with �k
more than one insurance contract. Among the services to be E * M:�4k ',"
provided is the securing of competitive proposals from
insurance carriers for all coverage's for which the agent of
�. .
record is given responsibility. Proposals for coverage are �r
presented to the City Administrator or designee for approval.-
(1) Prior to the selection of an agent of record, the City 4 �
shall make reasonable efforts to inform known
,+
insurance agents in the competitive market area that it
is considering such selection. These efforts shall '
include a public advertisement in at least on
e ��
newspaper of general circulation in the area. The I � �
advertisement shall generally describe the nature of the
insurance that the City will require. If the amount of then
i annual premium for insurance other than employee
h benefits insurance is likely to exceed$10,000 per year,
such notice shall also include a public advertisement in }
at least one insurance trade publication of general r( G
Circulation in the state. N
(2) An agent's appointment shall not exceed a period of
three years, but the same agent(s)may be selected in ;,
a subsequent period. Agents must qualify the
appointment prior to each period as if each g
appointment period were the first. _��
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(3) In selecting an agent of record,the City shall select the "
1 agent(s) most likely to perform the most cost effective '
services. -� �' � �
' y b. Specific Proposals For Insurance Contracts
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The City may solicit proposals from licensed insurance
" agents for the purpose of acquiring specific insuranceeTt
contracts subject to the following conditions:
j (1) The City shall make reasonable efforts to inform known A r'
i insurance agents in the competitive market area of the ° y
r " subject matter of the contract, and to solicit proposals
for providing the services required in connection with
that contract. Such efforts shall include public
advertisements in at least one newspaper of general }
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circulation in the area. If the amount of annual
premium for insurance other than employee benefits k'> °
insurance is likely to exceed $10,000 per year, such
notice shall also include a public advertisement in at
least one insurance trade publication of general
circulation in the state. `
(2) The City shall select an agent on the basis of the most , cx�
competitive offer considering coverage, premium cost,
and service to be provided.
` 10.075 Emp1gy9e Benefit Insurance
The City may purchase employee benefit insurance without competitive .
bidding.
10,080 Data and Word Processing Contracts
1. Contracts for acquisition of data and word processing hardware
and systems software may be let using alternative competitive ? '
' procurement methods subject to the following conditions: '
a. If the contract amount does not exceed $25,000, the City s
shall,as a minimum,follow informal competitive procurement � r
methods. Prior to selection of a vendor, reasonable efforts 5 £K r y
will be made to solicit proposals from three or more vendors. k
Justification of award shall be documented and become ar
public record of the agency.
x' b. If the contract amount exceeds $25,000, the City may use
the request for proposal process AR 10.110`and shall solicit
written proposals. Solicitations shall be requested from r
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9nCff(1nr.-.e VP,linfc appearing r.n c..t_ Compiled
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nd appearing „F lista Compiled oy the City
r ✓ or by advertising in an appropriate trade publication of
general circulation when required by statute. The City shall '
document the evaluation tlnd award DrOCEss_ which vvlill De
part of the public record justifying the award. uC
J-
C. If the amount of the contract exceeds$500,000,in addition to
the a uirements of subsection(1)(b)of this rule,the City shall x'
provide; vendors competing in this category of procurement
the opportunity to review the evaluation of their proposal A ,
before final management review and selection.
10,081 Telecommunications Systems Contracts ,
Contracts for acquisition of telecommunications system hardware ,, 5!5V
and software may be let using alternate competitive procurement y
methods subject to the following conditions: 3 �
a. If the contract amount does not exceed $25,000, the City a
shall as a minimum obtain competitive "
P quotes. Prior to t "
selection of a vendor reasonable efforts will be made to solicit
w.
proposals from three or more vendors. Justification of award
shall be documented and become a public record of the City.
b. If the contract amount exceeds $25,000, the City may use
the request-for-proposal process(AR 10.1 10)and shall solicit
written proposals. Solicitations shall be requested from
appropriate vendors appearing on lists compiled by the City kt
or by advertising in an appropriate trade publication of
general circulation when required by statute.
2. The telecommunications solicitation authorized in subsection 1(b) 4
shall: -
a. State the contractual requirements in the solicitations
document;
b. State the evaluation criteria to be applied in awarding the
contract and the roles of any evaluation committee. Criteria
. ,
that would be used to identify the proposal that best meets
x
the public contracting agency's needs may include, but are xr
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SM'xF " # not limited to cost, quality, service, compatibility, productzn
E_ , x reliability,operating enciej,,y,-nd exnansion potential;and z
C, State the provisi«n5 reads fur vendors to comment on any
t ^
specifications which they feel limit competition. akh
d. Be advertised in accordance with ORS 279.025 and AR
30.015
10.082 Telecommunications Services ; ,Yt�t N
1. The intent of this rule is for the City to secure the most competitive, ":
cost-effective telecommunications services, while meeting services
yi
performance requirements and reducing unnecessary
administrative processing.
2. 'Telecommunications Services" means the lease or rental of the 4.
use of voice and data transmission facilities or services, or of F '
central office services,but does not include acquisition of switch or
station equipment or acquisition or installation of wire and cable. -
3. In determining the appropriate procurement method of �
telecommunication services, the City will determine whether
competition exists. In detei,nining competition, the City mays,
consider the following factors:
r
a. The extent to which alternative providers exist in the relevant
geographic and service market. The relevant market will vary
from service category to service category and cannot be
predetermined in advance. ss
b. The extent to which alternative services offered are
comparable or substitutable in technology, service provided,
and performance. For example, if the City's requirement is
for digital services, analog services are not comparable orw >
substitutable.
C. The extent to which alternative providers can respond to the
City's interests in consistency and continuity of services E = }
throughout its service area, volume discounts, and
centralized management. The City must document for the
record its findinas on these factors or nnv other factnm �rsed
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{-A in determining whether competition ex sts. In developing its
findings, the City may solicit information either through ,
I f informal telephone or written contacts, or through a formal
f; Request for Information,
4- Upon determining that competition does not exist for the relevant
evan
service and geographical area,the city may proceed w secure lite .
a .
service on a sole source basis, as described in AR 10.085, and
x following all applicable rules and procedures. t J
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J-110.083
180.083 Ofnce Copier Purchases +
1. The City may enter into multiple price agreements or requirements
t
contracts for either the purchase or lease of office copying
_. equipment. Except for this multiple award exemption, such
agreements shall otherwise conform to the requirements of AR
10.060. a ;
2. In exercising this exemption the City shall fully consider the
operating capabilities, limitations and cost of each brand or model
k5 and select that brand which will produce the best combination of
performance and cost per copy for each application.
10,085Single Seller Of Product Required
Subject to all requirements of AR 20.030,the Ci may z
` 1 q City y purchase without
competitive bidding if there is only one seller of a product of the quality
� required, or if the efficient utilization of existing equipment or supplies
requires specification of a compatible product for which there is only one
seller,
10.090 r A Change Ordem
And Extra
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1. Any contract amendment for additional work including change
r orders, extra work, field orders, or other change in the original
specifications which increases the original contract price, may be
made with the contractor without competitive bidding subject to the X `
W following conditions: '
a. The original contract was let by competitive bidding, unit
` prices or bid alternates were provided that established the
' cost for additional work,and a binding ohlinatlnn avic+�
'*_.� at•, i.. �`i f S&'amu d ria`�,
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5 ; parties covering the terms and conditions of the additional '4
work;or
'h r b. The amount of the aggregate cost increase resulting from all ` r
' amendments shat! not exceed 20 percent of the initial r�'
contract. Amendments made pursuant to section (a) of this
I
rule are not included in comiputing the aggregate amount s��e �
;J UrrUCI :Y IIJ JGI.IIi./1�. r'_..: f��-fi�tyS{
1_0.100 Affirmative Action Contracts `
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1. Public contracts may be awarded without competitive bidding
pursuant to a specific Affirmative Action plan.Affirmative Action is a
program designed to insure equal opportunity in employment and
business for persons otherwise disadvantaged by reason of race, "
color, religion, sex, national origin, age, or physical or mental
handicap, including, but not limited to, personnel practices of
contractors,
"set-aside" programs, and minority_ business = M,
*s _ '
enterprises.
2. No provision contained in Chopter 771, Oregon Law 1975,shall be
#, construed to prohibit the City from engaging in bidding and i _
contracting practices designed to accomplish affirmative action ,
pals for disadvantaged or minority 9 9 groups.
*�
3. In carrying out the affirmative action policy, by appropriate ,
ordinance, resolution, or administrative rule,. the City may limit - ,w
competitive bidding on an public contract for procurement of goods '-.
and services or on any other public contract estimated to cost
$50,000 or less to contracting entities owned or controlled by `
persons described in subsection(1)of this section. "
1
10.105 Responsibility of Public Agencies s t
,r
The City shall pursue a policy of providing opportunities for available
contracts to emerging small business and shall cooperate with the rt
r Advocate for Minority, Women, and Emerging Small Business to
determine the best means by which to make such opportunities available. [
j 10.110 Reauest for Proposal
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1. The City may,at its discretion,use request-for-proposal competitive
� � } procurement methods subject to the following conditions:
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a. Contractual requirements are stated clearly in the solicitation (e
document. } ,
Evaluation criteria to be applied in awarding the contract and
SON,{ the role of an evaluation committee are stated clearly in the �3 � � •.
h1
solicitation document.
�;. (1) Criteria used to identify the proposal that best meets
E y the public contracting needs may include but are not
t limited to cost, quality, service, compatibility, product . K
ireliability,operating efficiency and expansion potential.
C. Solicitation document clearly states all complaint processes _f
j r and remedies available. `
d. Solicitation document states the provisions made for vendors k t
4 to comment on any specifications which they feel limit V�a
}' competition. k
e. The selection process shall not inhibit competition or r
encourage favoritism and will result in cost savings to the
' City. The above shall be documented as findings in the s
X contract administration record. `
f. The is d written solicitation
�. e procurement averseana � T �
K document issued that invites the submission of sealed,
written offers to be opened publicly at a designated time and f
place. >.
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10.11 Purchase Off Contract By Other Public Agencies F
' 1. The City may purchase any good or service without complying with
x the bidding requirements of these rules if the good or service is " -
', purchased from a bidder that has been awarded a contract for the h
same good or service by another public agency through its public
r contract purchasing procedures,if(279.015(1)(G)):
°s a. The original contract met the requirements of ORS ChapterW
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c. The original contracting public agency agrees to the use of
€ the original contract.
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2. The purchase shall be on the same terms, or terms which are no gil, "
less favorable to the purchase in all material res p ects, as the
y r ••^••4•'••�,q Ir H by the nnhl{r nnpnry k=•,n#.-`^' 'lyr, •:'
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110.120 Oil or hazardous Material Removal 7k
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1. The City may enter into public contracts without competitive bidding 3r �
3,sxt&
when ordered to cleanup oil or hazardous waste pursuant to the x3x g
authority granted the Department of Environmental Quality (DEQ) $
under ORS Chapter 466, especially ORS 466.605 through
466.680,and this order necessitates the prompt establishment and y
x performance of the contract in order to comply with the statutes
regarding spill or release of oil or hazardous material that have
created et, emergency condition. Comprehensive cleanup rules
are set forth in OAR 340-122-205 to 340-122-360. In exercising its
authority under this exemption the City shall: y..✓ � � �-�-�,a�; -
a. To the extent reasonable under the circumstances, �w A
encourage competition by attempting to make informal
solicitations or to obtain informal quotes from potential SE.rN��}
suppliers of goods or services. w
b. Make written findings describing the circumstances requiring
cleanup or a copy of the DEQ order ordering such cleanup.
`
C. Record the measures taken under subsection (a) of this N
section to encourage competition,the amount of the quotes,
or proposals obtained,if any,and the reason for selection the
contractor selected.
2. The City shall not contract pursuant to this exemption in the
absence of an order from the Department of Environmental Quality
to cleanup a site with a time limitation that would not permit hiring a
contractor under the usual competitive bidding procedures. s5 "
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i AR 20.000 BRAND NAMES OR MARKS
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20,010 Specrfication Of Particular Brand Names Or ProductsC
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r r 1. Specifications for public contracts shall not expressly or implicitly
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require ar.y product of any particular manufacturer or seller except F}
z pursuant to an exemption under AR 20.020 (Copyrighted ;
Materials), 20.030 (Single Manufacturer Or Compatible Products),
iAis44
20.040 (Product Prequalification),or 20.050 (Brand Name or Mark ��s .
y .
Exemption Applications). •;,��� � � �: _ ;�
x h ti�
2. If there is no other practical method of specification, the City may
`t designate a particular brand name,make,or product"or equal",but
this practice should be avoided whenever possible.
20.020 Copyrighted Materials
z
The City may specify a specific copyrighted product. This exemption imp ,
does not include patented or trade mark goods. Y
Single Manufacturer Or Compatible Products € '
.�, 20.030 P
1 If there is only one manufacturer or seller of a product of the quality r
required, or if the required product is data processing equipment
which will be used for research where There are requirements for x4
exchange of software and data with other research establishments,
or if the efficient utilization of the existing equipment or supplies k
requires a compatible product of a particular manufacturer or seller,
the City may specify such particular product subject to the followingT
t conditions: ,. . ?'
a. The product is selected on the basis of the most competitive
offer considering quality and cost. The term "cost" includes
not only the product price but also other items of expense
such as costs related to quality of conversion. w �
b. Prior to awarding the contract,the City has made reasonable
effort to notify known vendors of competing or comparable #
products of the intended specifications and invited such a
vendors to submit competing proposals. ..� �
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C. If the purchase does not exceed $$25,000, such notice and
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invitation may be informal. �,0, .
d. If the amount of the purchase exceeds $25,000, such notice ` 40
ti i ,. shall include advertisement in at least one newspaper of
general circulation in the area where the contract is to ber� ;h
s performed and shall be timely to allow competing vendors a
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reasonable opportunity to make proposals.
2. If the amount of the purchaca Avnasa� cne nnn __-,
---- aw nui $iso x �
pursuant to the data and word processing exemption (AR 10.080), A
the City shall document its actions in the bid file. Such
,Y documentation shall include:
a. A brief description of the proposed contract or contracts. ,
i - b. A detailed description of the reasons why the product and/or "
seller was selected and any competing products and/or '
sellers that were rejected. The description shall also include3
the efforts taken by the City to notify and invite proposals
from competing vendors.
3. If the City intends to make several purchases of the product of a
t
Particular manufacturer or seller for a period not to exceed two
years, it may so state in the documentation required by subsection
(1)(b) and (2) of this rule, and such documentation shall be u �>
sufficient notice as to subsequent purchases. kx �
20.040 Product PreQualification
1. When it is impractical to create specific design or performance ; `
specifications for a type of product to be purchased, the City may _;0
specify a list of approved products by reference to particular
manufacturers or sellers in accordance with the following product
pre-qualification procedure:
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a. The City has made reasonable efforts to notify known
manufacturers or vendors of competitive products of itsf -
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' xr rr k intention to accept applications for inclusion in its list of
" prequalified products. Notification shall include k '
a -
�� s advertisement in a trade journal of statewide distribution t -
when possible. In lieu of advertising, the City may notify ;#
- vendors and manufacturers appearing or,, the appropriate list
4 maintained by the Department of General Services of the
V State of Oregon.
b. The City permits application for prequalification of similar
products up to 15 days prior to advertisement for bids on the
k product. :
2. If an application for inclusion in a list of prequalified products is
denied,or an existing prequalification revoked, the City shall notify -
r r, the applicant in writing. The applicant may appeal to the Board for t 7
a review of the denial or revocation in the same manner as an -
ts ,
appeal of disqualification or denial provided in AR 30.110(5).
��§,RR 20.050 Brand Name Or Mark Exemption Applications
" :
W I ? 1. The City may apply for and receive a brand name or mark
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exemption ruling from the Board for current and contemplated Y.
W. future purchases. Applications shall contain the following
* information:
h a. A brief description of the contract or contracts to be covered. y ,
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The Oe5CnPllOn 5nUUld include contemplated IULUfC
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xrpurchases. k
b. The brand name,mark,or product to be specified. f
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C. The reasons the City is seeking the exemption.
v* 20.060 Conditions Of Brand Name Exem tions
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1. The Board may grant exemptions if any of the following conditions
3 are met: ,
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Fs a. The exemption is not likely to encourage favoritism in public 'A
contracts or substantially diminish competition and will result � ' � •
#� y in cost savings.
b. There is only one manufacturer or seller of the product of they
�x > quality required, or efficient utilization of existing equipment
t � �x or supplies requires acquisition of compatible equipment or
supplies.
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C. The exemption is requested for the purchase of a particular3#
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product to be used in an experimental project.
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zY, AR 30.000 PUBLIC BIDDING PROCEDURES
'. 30.002 Definitions
x� For purposes of these rules the following definitions apply:
r 1. "Addenda to the Bid Documents" means additions or changes to ¢ .
x the bid documents defined as addenda shall be labeled as such {
} and distributed in accordance with these rules,
` ' `� M r K • 2. "Bid"means a competitive offer in which Price, delivery (orproject
_gj '
completion) and conformance to specification will be the
y predominant award criteria. -�
e 3. "Bid Closing"means the date and time announced as the deadline s rY
for the receipt of bids. 'f
4. "Bid Opening" means the date, time and place set for opening of
competitive bids. Rk
a
5. "Bid Sample"means a representative specimen of the item that will e
s be available in response to the bid.
rw 6. "Bidder" is a person who submits a bid in response to the City's
Invitation to Bid. i
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X ,= 7. "Bidding Period" means the span of time between the date of the
invitation to bid and the time and date set for receipt of bids. A x
uk minimum of fourteen(14)calendar days shall be provided,unless a s -
j shorter time is deemed necessary in the public interest fora ^
k particular procurement.
Tile written agreement, including the City's solicitation F � ,g
document and the accepted portions of a bid or proposal,between ;
the city and the contractor describing the work to be done and the � 3 �`
obligations of the parties. Depending upon the goods and services
being procured, the City may use "contract" as meaning a _� .` � 3
z purchase order, price agreement, or other contract document in �u
r
addition to the City's solicitation document and the accepted
portions of a bid or proposal. If the contract is for a public Eye
improvement, the "contract" may consist of the City's solicitation'R,
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document, including any addenda, the general and special
conditions governing the work,the accepted portions of the bid or
proposal, the performance and payment bond (if required), plans,
technical specifications,approved shop drawings,and any contract
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amendments,including approved change orders. �x° k ,
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Pricy' The total of the awarded hid or proposal.amount,
g. Contract r nuc. The�c _ e
including any approved alternates, and any fully executed change r }
X .
orders or amendments. 3
10. "Contract Release Order" means the document authorizing an k{
additional purchase on an existing requirements contract.
s
11. Contractor: The individual, firm or corporation awarded the public
contract to furnish the City the goods,services or work procured in
' the City's solicitations j
12. "Descriptive Literature" means materials submitted by prospective
vendors to provide information concerning the products available in s �
response to the bid. % �
13. Facsimile: Electronic equipment that communicates and
r t reproduces both printed and handwritten material. If used in
t conjunction with a reference to a document, e.g.,facsimile bid,thee.
term refers to a document (in the example given, a bid) that has
E been transmitted to and received by the City v':a faeamile
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�k 14. "Lowest Responsible Bidder; means the iowesi bidder who has
Y substantially complied with all prescribed public bidding procedures = r
and requirements and who has not been disqualified by the public
, ,.
a contracting agency under ORS 279.037(ORS:27�OL..i.,��. Y - N )
a
max# 15. Proposal: A competitive offer, binding on the proposer and
a submitted in response to a Request for Proposals,where proposal
evaluation and contract award is based on criteria such as c )
i proposer qualifications and experience, product features and kkw
characteristics, service equality and efficiency, and conformance4 '�w
t
with the specifications and requirements of the solicitation. Price
may be an evaluation criterion for proposals, but will not
necessarily be the predominant basis for contract award. s�W
a who submits a ro proposal in response to the
16. "Proposer is personp p p
City's Request for Proposals. � s
17. Solicitation Document: An Invitation to Bid or Request for
a�
, Proposals, which included all documents, whether attached or
incorporated by reference,utilized for soliciting bids or proposals. r ,
18. Specification: Any description of the phvsical or function-'
characteristics,or of the nature of a supply,service or construction ,✓
N %
item. Specifications may include a description of any requirement d
for inspecting, testing, or preparing a supply, service, or - y
construction item for delivery and the quantities or qualities of
' materials to be furnished under the contract. Specifications 06
generally will state the result to he obtained end may, o..occasion, iK
:£�� ^r .
describe the method and manner of doing the work to be �, t
performed. Specifications may be incorporated by reference 3
and/or through attachment to the contract. {$
3
30.005 Competitive Bidding
'r r {.
1. Contracts issued by the City shall be awarded by competitive _.
bidding except as otherwise exempted under the provisions offx
ORS 279.015(1)(a)-(g), (2) (3) or (4), 279.017, 279.029(2),
279.053, 279.056, 279.059(2), 279.096, 279.570, 279.850, '
282.210 or under AR 10.000 of these rules. 211
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.�'. '«.,,, 2. It IS the nnlir�t of th^ !`1`; ;_ �,���,��GyC (JUbIIC contracting �' i'*g' s:
j competition that supports openness and impartiality in the
maximum extent possible.
3. The City finds that: [•
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a. Competition exists not only in prices, but in the technicals
competence of suppliers, in their ability to make timely n'� �� x� •��
deliveries and in the quality and performance of their ti
r
products and services and that a balance must exist betweenM
performance competition and price competition. "
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b. The nature of effective competition varies with the product or t . '
fi service being procured and that while competitive sealed bids ¢
are a common method of procurement, it is not always the
most advantageous or practical method of source selection.
`
C. Meaningful competition can be achieved through a variety of V
,E methods when procuring Products or senl:ces Tile meut
oas
include but are GSC' —
t � � not limited to:
' (1) Price competition as represented by the initial or u .
U acquisition price; _
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<t (2) Competition as represented by price and performance z F
evaluations of the competing items and suppliers;
(3) Competition as represented by evaluation of theP
} z> capabilities of bidders or proposers to perform needed _
services; f
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(4) Competition as represented by evaluation of the
capabilities of the bidders or proposers to perform the ;y
11r,� ✓ ,F- T 9
services followed by a negotiation on price;or
1, `
(5) Competition as represented by another method of
procurement that is reasonably calculated to satisfy the ' R,
City's needs. r
4. All public contracts shall be made under conditions that foster .
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competition among a sufficient number of potential suppliers thatmn
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i offer a wide spectrum of products and services and that represent
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�z , $ Fostering competition shall be reflected in:
i ° a ctivn�i'••.L 4�igrH `
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a. Writing specifications and procurement documents in a � M40 simple and easy to read format; ��
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b. Searching for new sources of supply;
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C. Attempting to make solicitation documents simple and
5}; inviting;
d. Everyday courtesy shown to prospective suppliers and
t r contractors,and
' e. The way information on contracting opportunities is provided
I to suppliers, including but not limited to advertisement in x "
publications of general circulation and any other reasonable k �
1 methods that encourage competition and that are consistent f
i` with ORS 279.025.
i 5. The City may evaluate every aspect of competition in its effort to <
` purchase products or services, choose the appropriate solicitations t
° _ r process or award contracts in accordance with the criteria
�5
described herein and arrive at offers that renrPCen±Cpti��iai'vaiuC to
the GIVY.
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6. Public improvement contracts shall not be subject to subsections 2 s
r ,
through 5 of this rule. '
30.008 Eligibility to Bid o Construction Contracts
k d ;
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w A person shall not submit a bid or proposal to work as a construction
"contractor" as defined in ORS 701.005(2) unless that person is first t
registered with the Construction Contractors Board or licensed by they
i fl State Landscape Contractor's Board as required by ORS 671.530. Bids `*
from persons who fail to comply with this requirement shall be deemed
nonresponsive and be rejected,unless contrary to federal law.
r 30.010 Bid-DocumentsKs
YY 1. The bid documents shall include the following:
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zrFIRM 21T a. Instructions and information to bidders concerning the bid
submission requirements, including the time and date set for
opening of bids,the address of the office to which bids are to
be delivered,and any other special information,e.g.whether �xf �
bids or proposals may be submitted by facsimile; ' qw
�nnlirahlp. the purchase description, specifications,
delivery or performance schedule,inspection and acceptance M
x requirements,and special evaluation factors; '
r
c, The contract terns and conditions, including warranty andq -
bonding or other bid security requirem.:nts, as applicable;
� and .�-
�x ,
'a d. All addenda issued by the City. ;
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2. Determination of Contractual Terms and Conditions
a. The City is authorized to determine the contractual -
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provisions, and terms and conditions of solicitations and
contracts,provided such provisions,terms and conditions are .
.wt contrary to statutory or regulatory requirements.
3. Terms and Conditions Applicable to Public Contracts
a. In addition to the vrayun fJICICICIII:C ICIIUiIClllellt ire �
>; ORS 279.021(1),and the reciprocal preference requirements ,
of 279.029(2)and(3),the City shall establish standard terms
Y and conditions includingthose applicable as rescribed b '
PP P Y
ORS 279.310 to ORS 279.650: .
x 4 (1) Payment of laborers and material men;contributions to
Industrial Accident Fund; liens and withholding taxes r
(ORS 279.312);
(2) Payment of claims by public officers(ORS 279.314);
"i z
�� (3) Hours of labor(ORS 279.316 and 279.338); x3 -'
�r rfi
(4) Environmental and natural resources regulations(ORS
s
279.318).
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> (5) Payment for medical care and attention to employees `^� ;�t, _
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(ORS 279.320);
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R{� ;r (6) Voluntary termination of the contract(ORS 279.326); '{ }
(7) SUSDEnsinn of th,,...__,-�
�rvuirc'ORS 279.328-279.333);
O Maximum hours and overtime(ORS 279.334); k3 '
x (9) Claims for overtime(ORS 279.336); _
s
' (10) Overtime requirement for local `
governments
s _ (ORS 279.340 and 279.342);
(11) Prevailing wage rates(ORS 279.348-279.365); t ,
X s (12) Retainage(ORS 279.400-279.435); } r
' (13) Contractor's bond(ORS 279.526 and 279.536); {
(14) Notice of claim(ORS 279.528);
mss. .irar � _
0 a r
� 3
(151 Lam
i bor and material liens(ORS 279.538 and 279.540);
(16) Liability in absence of bond(ORS 279.542); ry
F ' (17) Progress payments(ORS 27.9.435);and
(18) Subcontractors(ORS 279.445);
(19) Use of recovered resources and recycled materials r+:
(ORS 279.545 to 279.555);
px
(20) Paper conservation guidelines(ORS 279.565);
w (21) Preference for recycled materials(ORS 279.570);
N72,
} j (22) Recycled oil use and preference (ORS 279.580 to t Y
279.596); F a
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(23) Retreaded tires use and preference (ORS 279.605 to r
00, 279.617); Y, 1 k � >`
(24) Preference to paper products that reduce waste or are
recycled(ORS 279.621 and 2799.650).
£rte a �
G b. Other terms, conditions, and requirements applicable to �t 141-146; ,
public contracts include: _
} (1) Certification by contractor of compliance with the rt ; 't 'A"
y r Oregon tax laws in accordance with ORS 305.385.
9
1p
't `3 (2) Certificationcontractor x s 5
by of nondiscrimination in
` obtaining required subcontractors in accordance with �tR WME s'
UKS 219.11 (see OAR 137-30-100(4)). Y
(3) A provision substantially providing that: "Theme t
r..c,,,,, its subcontractors,if any,and all employers �.
working under this agreement/contract are subject
employers under the Oregon Workers' Compensation
t Law and shall comply with noo 650.0 ve-,
viw vwii. wh'ch
mr�J'
t3� requires them to provide Workers' Compensation " -
�- coverage for all their subject workers"
279.320(2)). t =t
(4) In cases where the contract calls for work as described
in ORS 701.005(2)(i.e.,construction work),certification , * ._
by the"contractor"that the contractor is registered with .^ '*
the Construction Contractors Board in accordance with r,+'
ORS 701.035 to 701.055. (Federal regulations may `h
prohibit this requirement when federal funds are
ti r
involved. � s' k
Y (5) Certification by the contractor that all subcontractors
r
performing work as described in ORS 701.005(2) will
be registered with the Construction Contractors Board ;, yea
IM
r a in accordance with ORS 701.035 to 701.055 before the
r
subcontractors commence work under this contractor.
' (6) A condition requiring the use of certified inmate work
s
force in accordance with ORS 279.319, if the contract '`
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n is for the removal, abatement, or demolition of fi
,s asbestos. Wg
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(7) Any other requirement imposed by federal or state law, k` ME u
� �
2�-
} , regulation, rule, or ordinance which is applicable to the {
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contract. ORS 279.056 provides that where federal ��_������ ��� '►
funds are involved,federal laws, rules, and regulations
shall govern in case of conflict with an o
�.�-..� any the
k provisions of ORS 279.011 to 279.063. r
a� n
,f= C. Such terms, conditions, and requirements shall become an
integral part of each contract.
4. Special Terms and Conditions a.
` The City may also establish special terms and conditions
applicable to specified categories of contracts. Any special terms
and conditions shall be included in the bid documents and becomefr
i an integral part of those contracts.
�F 5. Compliance and Exceptions to Terms and Conditions
h A^
{ ` a. Bidders shall be responsible for noting the terms and —
conditions included as applicable to each set of bid
' 4 documents.
b. By signing and returning the bid proposal form, the bidder is
acknowledging acceptance of and the intent to abide by the
w Y terms and conditions.
a
C. The City has the right to reject any bid or proposal that takes
r exception to specifications or to contract terms unless the
i right to take exception is expressly granted in the Invitation to
Bid or Request for Proposals. Bids or proposals whictake 'ZI
j
exception to the specifications or contract terms,or which are
made contingent upon the City's acceptance of different or gA,
' additional specifications or terms, may be rejected becauser ��
they are not responsive to the Invitation to Bid or the Request
h j for Proposals.
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d. Any exceptions to the terms and conditions must be clearly
stated in writing by the bidder in the signed returned
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.* proposal. The city reserves the right to reject any bid which
takes exception to the terms and conditions. Exceptions to j•,
g the terms and conditions become contractual obligations only
upon written acceptance by the City. '
tF
Commentaryn • •
d 'S In comnilanrc r.riFh N-- —_-.
- N�vviaiuns of uk6 V9.318 and subsection 3(a)(4) of this
section,the following is a list of federal,state,and local agencies of which the City b=
a � has knowledge that have enacted ordinances or regulations dealing with the � a
prevention of environmental pollution and the preservation of natural resources that
may affect the performance of the contract:
�,
Federal Agencies: }
Agriculture,Department of
RIMM
v s-7y_
"' ' , Forest Service
x
{ Soil Conservation Service
Defense, Department of
`- Army Corps of Engineers
Energy,Department of `
Federal Energy Regulatory
Commission .
Environmental Protection Agency zz
Health and Human Services K .
Department of
Housing and Urban Development, '
Department of Solar Energy
Conservation Bank=r
Interior,Department of ,
Bureau of Sport Fisheries and Wildlife
g Bureau of Outdoor Recreations x
g { Bureau of Land Management
k Bureau of Mines t°a
Bureau of Indian Affairs '` 'F
Bureau of Reclamation
rf KI
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On
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Geological Survey 44
� .
Minerals Management Service
Al ,R111 Labor,Department of
Mine Safety and Health Administration
....uNauvrlgi vaicty g11U nealul HOmInIS2raTlon
E TNihTransportation,Department of
Coast Guard
� f Federal Highway Administration
,g
Water Resources Council
State Agencies:
e
Administrative Services,Department of
e r Agriculture,Department of
Columbia River Gorge Commission
Yi
v 3 Consumer&Business Services,Department of
' Oregon Occupational Safety&Health Division
Ener3y, P-
-a�u
Deiientuf
o Environmental Quality,Department of �A.
z r; Fish and Wildlife,Department of -
t Forestry,Department of
�`t 1 Geology and Mineral Industries,Department of
Human Resources, Department of
Land Conservation and Deveioprinent Commission u x Parks and Recreation,Department of
f.4, L z Soil and Water Conservation Commission xx
State Engineer , ;
State Land Board,`
= Water Resources Board
Local Agencies: p
City Council
County Court
f
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County Commissioners,Board of
f�
MR
r Port Districts
za
Metropolitan Service Districts
A County Service Districts
Sanitary Districts l `
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� sWater Districts `.
y r Fire Protection Districts
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gal,X -t - 30. " bids Are OffPrc ,
1. The bid constitutes the bidder's offer to enter into a contract which,
j if accepted by the City, shall bind the bidder to a contract unless
the bid is withdrawn prior to a bid opening under AR 30.060(2).
5 k 2. The bid shall constitute a"firm offer unless bidders are specifically
authorized to take exceptions or to leave terms open to negotiation
3;
by bid documents published under certain exemptions from the
general requirement for "strict" competitive bidding such as the : $
Request for Proposals exemption(AR 10.110). Unless the taking _
of exceptions or post-award negotiation is authorized by they
Invitation to Bid or Request for Proposals,each bid must constitute , _
a complete offer,fully responsive to the bid invitation. t � -
3. Unless expressly authorized by the Invitation to Bid or the Request
for Proposals, bidders shall not make their bids or proposals tas
contingent upon the City's acceptance of specifications or £ F
contractual terms that conflict with or are in addition to those
t advertised in the Invitation to Bid or Request for Proposals. g ��
30,013 Facsimile Bids and Proposals
1. Authorization.
The City may authorize the submission of bids or proposals by
r
facsimile. However, prior to authorizing the submission of bids or
proposals by facsimile, the City shall consider whether its `
equipment, personnel and procedures are ready to receive a ,
W reasonable number of transmissions within a short period of time .¥
and, in addition, the City, prior to authorizing submission by >rk
s facsimile, shall establish the means and method for sealing or
securing the transmitted documents to preserve the "sealed"
requirement of competitive procurement. +f '
2. Required Factors.
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In determining whether to authorize facsimile bids or proposals,the
rN City shall consider factors such as:
s ta+
a. Anticipated bid or Dr000sal si7P arrr%incl Amo;
z b. Whether there is an urgent need for the goods or services
g
being procured; k ; '
j
C. Frequency of price changes;
a d. Availability, reliability, speed, and capacity of the receiving ',
facsimile equipment; t
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e. Adequa
of administrative procedures and controls for
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receiving, identifying, recording, and safeguarding facsimile y v
bids or proposals,and ensuring their timely cieIIVPN, to the bid
` proposal opening location;and ,4A
f. Whether bid or proposal security must or will be required to h
be submitted since it cannot be acceptably transmitted by a0.
a k
facsimile. 'Q-
3. Provision to be Included in Solicitation Document. 4,
.,
If facsimile transmission is authorized, the City will modify the
following provision to meat its needs and insert it into the City's -
solicitation document:
a. Definition. Facsimile bid or proposal, as used in This t
' S solicitation, means of a bid or proposal, modification of a bid
{ u or proposal, or withdrawal of a bid or proposal that is `
transmitted to and received by the City via electronic
equipment that communicates and reproduces both printed
and handwritten material. ?
y k
.� b. Timely Submission. Bidders (or proposers} may submit i s"
r
4 facsimile bids(or proposals) in response to this solicitation.
� r x The entire response must arrive at the place and by the time
specified in the solicitation document. _ r
G ' c *
r t c. Rejection of Bids or Proposals.Facsimile bids or proposals
t
that fail to furnish required representations or information, or
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-
� that reject or take exception to any of the terms, conditions,
� y and provisions of the solicitntinn -
��+�•�// excluded from consideration. x<}x +n
" �
r
d. Signatures. Facsimile bids or proposals must contain the
required signatures.
�. e. Request for Original. The City reserves the rig ht to make OM: x
a the contract award solely on facsimile bid orproposal. '
` a However,if requested to do so by the City representative,the
?�Y4 rd f apparently successful bidder or proposer agrees to promptly ,
4' submit the complete original signed bid or proposal. -
rc« ter+
f. Transmission Information. Facsimile receiving data and
5s compatibility characteristics are as follows:N. ;
h (1) Telephone number of receiving facsimile equipment;
(2) Compatibility characteristics of receiving facsimile
equipment, e.g. make and model number, receiving
e
speed,communications protocol.
g. Responsibility for Transmission Failure. If the bidder or ,
proposer chooses to transmit a facsimile bid or proposal,the
a K City will not be responsible for any failure attributable to the
� k5'
Y transmission or c-
receint of the
,-. ImGsirniie bid or proposal � ,
including,but not limited to the following: ;
�Mt
(1) Receipt o garbled r I ♦ bid
f o. mple,O uiu or proposal °
x documents.
err -
(2) Availability or condition of the receiving facsimile
equipment.
d (3) Incompatibility between the 1 sending and receiving
yr i
equipment. '
t
r (4) Delay in transmission or receipt of bid or proposal "
4
documents. * �
(5) Failure of the bidder or proposer to properly identify the
bid or proposal documents.
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..s'�sffi5 ( h3; w....._..,.,.x_... .__._,.....-....y..-�.....+.:.+w.+.-.ar:c..i��.«................. ....�_.......>,,...,a_ 'l Y �`��F"i �y .
�....,....s.it
a �
-�� (6) Illegibility of bid or proposal documents. {
z �
(7) Security and confidentiality of bid or proposal data.
30.015 Public Notice
�' 71
f 4 1. Distribution
z
Bid documents and notices of the availability of bid documents f . '
shall be mailed, planed on the vreyon Department of
., Administrative Service's electronic procurement system known as
the "Vendor Information Program," or otherwise furnished to a
sufficient number of bidders for the purpose of securing
competition. Notice of availability shall indicate where, when, and
for how long the bid documents may be obtained; generally s'a
F describe the supply, service or construction desired: and may
g
z , PP Y. Y
contain other appropriate information. The City may charge a fee `
i or require a deposit for the bid documents. F
fi 2. Advertising
a. Unless exempted every formai solicitation of bids shall be
advertised. An advertisement for bids shall be published atr ��
T"i F k
least once in at least one newspaper of general circulation ini'5 _
r the area where the contract is to be performed and in as F
r many additional issues and publications as the City may
determine to be necessary or raeirablt� onc��ce
..
competition.
b. All advertisements for bids shall state:
(1) The date and time after which bids will not be received
which date shall not be less than five(5)days after the
date of the last publication of the advertisement;
s j
r t f (2) The date that prequalification applications must be filed
if prequalification is a requirement;
x (3) The character of the work to be done or the items to be
A I
purchased;
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(4) The office where contract terms, conditions, and
specifications may be seen;
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xxw�—, (5) The name, title, and address of the person designated
to receive bids; P`
t
� _, R �r�
R (6) The date, time, and place that bids will beublicl '
p yK `_�
opened; � *
x (7) That the bid may be rejected for not complying with all ? ,
r prescribed public bidding procedures and
s fi requirements;
4,1` (8) That any or all bids may be rejected for good cause
upon a finding that is in the public interest to do so;
k (9) That the bid must include a statement concerning
y�rx t
whether bidder is a "resident bidder," as defined in
ORS 279.029;and
+ , � (10) Whether or not a contractor or subcontract must be +
lirangcriun S ce � ~�
der OP.� 460.883, to work with asbestos-
k
containing materials,and
#; (11) That no bid or proposal for a construction contract shall
be received or considered by the City unless the bidder"
F or proposer is registered with the Construction "
Contractors Board, as required by ORS 701.035 eta tk
seq., or licensed by the State Landscape Contractors
Mi
Board,as required by ORS 671.530.
Ma
3. Posting of Bid Advertisement
A copy of each bid advertisement shall be posted at the business
office of the City. Bidders may obtain a copy upon request.
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71,
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-rig 30.020 Bid Preparation r
a
ON
����,M t z fid Preparation Instructions:Olk
4 ; r
40
p
1. Except as otherwise allowed in AR 30-013, as applicable, bBids y
shall be typed or prepared in ink and shall be signed in ink by the
bidder or an authorized representative of the bidder. The City will
not accept telephonic facsimile bids or signatures unless specified # s
I ��.'.:.
r in the bid document. t
- 2. Bids shall be made on the bid form provided unless otherwise p a
* instructed in the bid document. ``
1 3. Except as otherwise allowed in AR 30-013, as applicable,
=' aAterations or erasures, if any, shall be initialed in ink by the
person signing the bid.
4. Bids shall contain a fully executed bid package, including all
' required documents and descriptive literature.
E 1 5. if specifically allowed by the solicitation documents, bids or
{ � ) proposals may be submitted by facsimile, but only if the City has
1 the equipment and means necessary to receive bids or proposals e—:,5
_gam
by facsimiles _
30.025 Bidder Preaualification Y x
3 1 z the Vlty may require mandator p requali]Icatio. vl U1000IJ VII forms
" prescribed in the bid document. When prequalification is required by the 4
bid documents as a condition for bidding, the City shall not consider the f
bid(s) of any prospective bidder who is not prequalified in accordance 3
F with the City's adopted rules and regulations(ORS 279.039). }
S
If a bidder is currently prequalified by either the State Department of
Transportation or the State Department of Administrative Services to
's' perform contracts, the bidder shall be equitably presumed qualified to
."R
perform similar work for other public agencies. (ORS 279.047).
h '
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rad�
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��� ' 30.03Q Bidder Submissions
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°a'#'fi,� �• atw....i..:_<._....____....-...a.s h.3l.:s:i*r....w....--.___ ._...."_..... :....,._ w✓.Y+,ru.,y.:....._.. .." _.. _..._..,.a., ,....m,.v....-......_�,.;4 �-,.� �.
02
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•, �
xm—
1. Bid Samples and Descriptive Literature •
s ash" Bid samples or descriptive literature may be required when it is x J
necessary to evaluate required characteristics of the items bid. Bid"61
sarnNiao rpt mpti in accordance with provisions contained in ���� �' � �
k '" y
$ the bid documents. ' s
k � -
2. Identification of Bids _
` Bids shall be submitted in a sealed envelope appropriately marked Y
,
ior in the envelope provided by the City,whichever is applicable, to
F�
� t ensure proper identification and special handling. If the City
k permits bids or proposals to be submitted by facsimile, the bidder
r or proposer must identify and submit bid or proposal documents R'
k t exactly as required in the City's solicitation documents. The City t
47
shall not be responsible for the proper identification and handling of ¢
� - any bids not submitted in the designated manner or format to the a
required delivery point.
r
3. Receipt of Bid
ate
It is the bidder's responsibility to ensure that bids are received by Vit'
the City at the required delivery point prior to the stated bid closing
time regardless of the method used to submit or transmit them.
30,035 Bid Security
�
(Also SCC/'1i\JV.tjU(/) �� C
1. Public Improvement Contracts
Bid security not to exceed 10 percent of the base bid(s) shall be
x f required for public improvement contracts where the amount of the
i}
contract exceeds $10,000 (ORS 279.027(3); 279.033. The bid
4 security shall be forfeited if the bidder fails to execute the contract
S. `
? promptly and properly if awarded(ORS 279.031).
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2. Other Public Contracts
�� ls. .v 4365
Bid security not to exceed 10 percent of the bid may be required by #
the City for other contracts in order to guarantee acceptance of the PT,
y° award. This requirement shall be stated in the bid documents. }
r�s�¢�id z-� aw,�ate•�=�^ �.�.=
3. Contracts Under$10,000
MfghiINNNS
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oa' Bid security for contracts of less than $10,000 shall be required
r � r, only in critical circumstances,so as not to discourage competition. a
"j 4. Form of Bid Security
The following forms of bid security will be accepted by the City: k
" gs .
tr 4: a. Surety bond from a surety company authorized to do
' li
business in the State of Oregon;
h
b. Cashier's check,certified check,or savings and loan secured z�z
ti ,3 check;or -.` "
gq
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;ry C. Annual surety bond filed with the City (except for public
x rzr
r , , improvements contracts).
5. Return of Bid Security
s..i aan.� II be returned aft
The bid security of all unsuccessful bidder.aha.. — after
RNP
a contract has been executed,or all bids have been rejected. The -
City may retum the bid security of unsuccessful bidders after bid
r+ r
4 opening but prior to award, if the return does not prejudice bids m
award and provided that the security of at least the three lowest
bidders is retained pending the execution of a contract. ,
�t
_ 30.040 pip-Bid Conferences
3 ,
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� � r Pre-bid conferences may be held by the City to explain the procurement
� x requirements or conduct site inspections. The City may require
attendance at the pre-bid conference as a condition for bidding. Such
_.
}
conferences shall be announced to all prospective bidders in the bid a f
�; a€ documents. The re-bid conference shall be held within a reasonabl
e e
" "+f time after the biddocuments have been issued to allow bidders to
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become aware of it, but sufficiently before bid closing to allow
{ r consideration of the conference results in preparing bids. Statements ats
the pre-bid conference shall not change the bid doc.;rnents unless Tf
confirmed to all prospective bidders by means of a written addendum to =�t [•
-;' the bid documents. �s
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1. Time for Submission of Protest 5 e�
� QV 41,111
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Unless a different deadline is specified in the Invitation to Bid or
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Request for Proposal, requests for change or protests of bidx ,
Y specifications or contract terms shall be presented to the City in
writing in accordance with the following timelines:
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a. Public Improvement Contract'ten(10)calendar days prior tc
k bid closing.
b. Other Public Contracts - five (5) calendar days prior to bid
k z closing.
C. Such protest or request for change shall include the reasons .
for protest or request, and any proposed changes to a
specifications or terms. No protest against award because of
{ >r the content of bid specifications or contract terms shall beWit
considered after the deadline established for submitting such `
protest.
2. Extension of Opening Date °.
.'. a !Zaz ,:
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E If any bid specification protest is received in accordance with
section (1) above, the bid opening date may be extended if
�,.
z necessary to allow consideration of the protest and issuance of any
xs k addenda to the bid documents.
3. Identification of Protest sr�
Envelopes containing protests of bid specifications shall be markedh
r. as follows: Y
F
Bid Specification Protest
���}s#�f�� Bid Number or Other Identification
MY
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AM.-? Addenda to Bid Documents * t
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1. Form
Changes to bid documents shall be accomplished by addenda.
M The bidder shall acknowledge receipt of all addenda issued, either
a wrtn the bo or separateiy prior to ma opening,
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2. Distribution ,
Addenda shall be sent to all prospective bidders known to have ,
obtained the bid documents or attended any mandatory pre-bid u
conferences.
3. Timeliness t
a. Addenda shall be issued within a reasonable time prior to bid �s �
a l�s_ s
closing to allow prospective bidders to consider them in
preparing their bids, but in no case less than 72 hours before
the bid closing. If necessary,the City may notify prospective
bidders by telegram, telephonic facsimile or telephone. If T
telephone is used,the City shall confirm the oral notice with a .7.
written addendum.
b. In its discretion,the City may extend the bid closing date ander :,e
time to allow prospective bidders to analyze and adjust to _�
changes made by Addenda. The City shall notify prospective
bidders of the new cio5ing date and time either in the x .
r Addendum or in writing accompanying the Addendum. L `
30,060 Pre ening Modification or Withdrawal of Bids
ModificationsAi
.
Bids once submitted may be modified in writing prior to the time
and date set for bid closing. Any modifications shall be prepared i .F
1 on the company letterhead, signed by an authorized officer, and '
x state that the new document supersedes or modifies the prior bid. rF :
g The City may accept telegraphic modification, telephone facsimile,
or similar modifications, if it has authorized the submittal of
documents by one or more of these means in accordance with AR
-44- M7
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30-013. To ensure the integrity of the bidding process, the4
4< ti envelope or electronically transmitted document containing any
< modifications to a bid or proposal shall be marked as follows: `
x�_ Bid(or Proposal)Modification t
Bid Number or Other Identification
X4;1
2. Withdrawals
,. a. Bids may be withdrawn by written notification on company
airy letterhead signed by an authorized person and received prior ;a
to the time and date set for bid closing. Bids also may be
s withdrawn in person prior to the scheduled bid closing u-cr. - - -- -
¢ k y y presentation of appropriate identification.g;5—b. Unopened bids withdrawn under subsection (a) above, may
be released to the bidder after voiding any date and time Y
stamp used.
C. Requests to withdraw mailed bids shall be marked as follows:
A '- �-
' Bid Arithdrawal
w..� Bid Number or Other Identification xn
3. Documentation
r#N ag5„ g
All documents relating to the modification or withdrawal of bids
shall be made a part of the appropriate bid file.
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30.06x, Receipt.Opening,and Recordino of Bids '
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1. Receipt
Upon its receipt, each bid and modification shall be time-stamped
or marked by hand but not opened and shall ht?ctnrs in q eaci rp --
a
{� place until bid opening. If bids or modifications are opened
inadvertently or are opened prior to the time and date set for bid EF �� ri
opening because they were improperly identified by the bidder,the
bids or authorized modification documents shall be resealed and
K; stored for opening at the correct time. When this occurs, ' A
documentation of this procedure shall be placed in the bid file. ut;
2. Opening and Recording
a
Bids and modifications shall be opened publicly, at the time, date,
and place designated in the bid documents. If witnesses are
' present at the bid opening,and to the extent practicable,the name
' of each bidder, the bid price(s), and such other information as �-
j considered appropriate,shall be read aloud. On voluminous bids, s
the City may advise bidders as part of the bid documents that the
bid items and prices will not be read aloud.
5 3. Availability '
The opened bids shall be available for public inspection prior to
} ; l award except to the extent the bidder designates trade secrets or r °a
other proprietary data to be confidential (ORS 192.501(2)). The
verify City shall and determine that the confidential information _
ty
„ claimed to be exempt is in fact exempt from disclosure under the
' Oregon Public Records Law. Material so designated shall
accompany the bid and shall be readily separable from the bid in
fr
order to facilitate public inspection of the nonconfidential portion of
the bid. Prices,makes, model or catalog number of items offered, : F
scheduled delivery dates, and terms of payment shall be publicly -{
available regardless of any designation to the contrary.
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30.070 Late Bids. Late Withdrawals.and Late Modifications
} ��sA Any bid received after the time and date set in the bid documents r �7 ` • ,
for receipt of bids is late. Any request for bid withdrawal or -
, M1
�� i�wuu_waiion received aver cne time and date set for bid closing is
+ frc s late.
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5 �' y Late bids, late modification, or late withdrawals shall not be
considered.
30.075 Mistakes in Bids _
C 1. General
Clarification or withdrawal of a bid because of an inadvertent,
j nonjudgmental mistake in the bid requires careful consideration to
+ ; + protect the integrity of the competitive bidding system, and to
assure fairness. Except as provided in this rule, if the mistake is
c attributable to an error in judgment, the bid may not be corrected.
3� Bid correction or withdrawal by reason of a nonjudgmental mistake A •-
kR�
` is permissible but only to the extent it is not contrary to the interest <
j � of the City or the fair treatment of other bidders.
2. Mistakes Discovered After Bid Closing but Before Award
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This subsection prescribes procedures to be applied in situations Y 2S
where mistakes in bids are discovered after the time and date set '
for bid closing but before award.
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a. Minor Informalities ¢ } :
Minor informalities are matters of form rather than substance '
that are evident from the bid documents nr incirnnifin-n+
mistakes tnat can be waived or corrected promptlywithoutprejudice to other bidders or the City; that is, the informality
' does not affect price,quantity,quality,delivery,or contractual
conditions except in the case of informalities involving unite
price. Examples include, but are not limited to,the failure of k „
_ a bidder to: a
1 Return the number of signed bids or the number of
other documents required by the bid documents; `
(2) Sign the bid form in the designated block so long as a �
signature appears in the bid documents evidencing an
intent to be bound;or
(3) Acknowledge receipt of an addendum to the bid
# j documents,but only if:
(a) It is clear from the bid that the bidder received the
` addendum and intended to be bound by its terms;
or 5�
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(b) The addendum involved did not affect price, t4.t=
quantity,quality,or delivery, g
b. Mistakes Where Intended Correct Bid is Evidente
If the mistake and the intended correct bid are clearly on the
face of the bid form, or can be substantiated from : t
` accompanying documents, the City may accept the bid.
Examples of mistakes that may be clearly evident on the face 7
of the bid form are typographical errors, errors in extending
unit prices, transposition errors, and arithmetical errors.
Mistakes that are clearly evident on the face of the bid form
or proposal document also may include instances in which W. "
the intended correct bid or proposal item is made clearly r
h' evident by simple arithmetic calculations. For example, a
missing unit price may be established by dividing the total bid xx
„ or proposal item by the quantity of units for that item, and a e
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missing or incorrect total bid or proposal price for an item fifi
may be established by multiplying the unit nrirc t y the
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q__.,.,., w'a., inose figures are available on the bid or
proposal. For discrepancies between unit prices and ..
extended prices,unit prices shall prevail.
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C. Mistakes Where Intended Correct Bid is Not Evident
g The City may not accept a bid in which a mistake Is clearly'
evident on the face of the bid form but the intended correct
"t bid Is not clearly evident or cannot be substantiated from P
accompanying documents. "
30.080 Time for Acceptance
Bids shall be valid and binding offers for thirty(30)days unless otherwise k
fi
x' specified in the bid documents.
Lit 30.085 Extension of Time for Acceptance of Bid
r Notwithstanding AR 30.080, after opening bids, the City may request '
orally or in writing that bidders extend the time in writing during H h the
r City may accept their bids. r
30.090 Bid Evaluation and Award v
1. General. The contract, if awarded, is to be awarded to the owest Y
responsive and responsible bidder or the best responsive and
responsible proposer. Consistent with the provisions of the bid
documents and in the public interest as determined by the City, f"
awards may be made by item, groups of items, or entire bid. The
City reserves the right to reject any bid not in compliance with the ;
bid documents or with all prescribed public bidding procedures
(ORS 279.025(i))and to reject any or all bids upon a finding by the
s 4 t r City that it is in the public interest to do so(ORS 279.035).
t 2. Special Requirements '
sm
a a. The bid documents shall set forth any special requirements16
t '
and criteria which will be used to detemiine the lowest F �
responsible bidder. No bid shall be evaluated for any ;: E
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requirement or criterion that is not disclosed in the bid � E
documents or City regulation.
9
b. In determining the lowest responsible bidder, the City shall, fk§, •
for the purpose of awarding the contract, add a percent
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increase on the bid of a nonresident bidder equal to the 1# an` IIIIIIIIIIp
percent, If any, of the preference given to that bidder in the i
f, {{ state in which the bidder resides. t �3 � •
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C. The City may rely on a list provided for by the Oregon4` tl
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Department of Administrative Services pursuant to ORS
279.029(3)for preference provided for by this section.
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3. Product Acceptability " {
Y` a. The bid documents shall set forth the evaluation criteria to be
d used in determining product acceptability. The City may
r require the submission of bid samples, descriptive literature, " �y�Y{ t"
technical data, or other material, and may also provide for r :
accomplishing any of the following prior to award.
t
§ (1) Demonstration, inspection or testing of a product prior
° i wra�tcrictir__c s�a,
to award fur such as duality or
workmanship; '
E (2) Examination of such elements as appearance, finish,
taste,or feel;or �
(3) Other examinations to determine whether the product .4 `
conforms with specifications. fr ,
4 b. The acceptability evaluation is conducted only to determine
that a bidder's offering is acceptable as provided in the bid
{ documents. Any bidder's product which does not meat the ;
minimum requirements shall be rejected. Product rejections ,
are not considered bidder disqualifications and are notj }
grounds for appeal under ORS 279.043. k
4. Determination of Lowest Responsive and Responsible Bidder x
Following determination of product acceptability as set forth in ,
f, subsection(3)if any is required,bids will be evaluated to determine
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which bidder offers the luwest cost to the City in accordance with ,..
the evaluation criteria set forth in the bid documents. Only ��
objectively measurable criteria which are set forth in the bid
documents shall be applied in determining the lowest responsible'47
' bidder. Examples of suc criteria include, but are not limited to,
transportation cost, volume weighing, trade-in allowances,
«,
depreciation allowances, cartage penalties, and ownership or life -
, � f+ cycle cost formulas. Evaluation factors need not be precise s
5 predictors of actual future costs; but to the extent possible, such .
evaluation factors shall:
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a. Be reasonable estimates based uponinformation the City
p � has available concerning future use;
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b. Treat all bids equitably;and
rfi C. Recognize that public policy requires acquisitions and public
improvements to be accomplished at the least cost.
ORS 279.023(1).
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vS � f 5. Restrictions
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P, Nothing in this section shall be deemed to permit contract award to } '
a bidder submitting a higher quality item than that designated in the
r° bid documents if such bidder is not also the lowest responsible
xti ` bidder as determined under subsection(A)of this section. Further,
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this section does not permit negotiations with any bidder. ; ;
a 6. Determination of best, responsive and responsible proposer.
Proposals will be evaluated to determine which proposer offers the .
r` ! best solution to the City in accordance with the evaluation criteria �f
set forth in the solicitation documents. Only the criteria which dit:
set forth in the solicitation documents shall be applied. The criteria
shall be as objective as possible. examples of evaluation criteria R
may include, but are not limited to, cost, quality, servicer
compatibility, Product reliability, operating efficiency, expansion
t potential,performance history on other private and public contracts, = '
experience of key personnel, adequacy of equipment and/or ,m
r;s a ,. s
physical plant,financial wherewithal,sources of supply, references
and warranty provisions. Evaluation factors need not be precise ;yrs
predictors of actual future costs and performance; but to the extent
k -ossible such evaluation factors shall: `
a. Be reasonable estimates based on information available to
the City; r' • ;
b. Treat all proposals equitably; f ,
C. Recognize that public policy requires acquisitions and public
improvements to be accomplished at the least cost. ORS '
279.023(1).
7. Restrictions. Nothing in this section shall be deemed to permit
contract award to a proposer submitting a higher quality item than 'r �F
that designated in the solicitation documents if such proposer is note
also the best, responsive and responsible proposer as determinedg
7, ^M
under section (6) of this rule. Negotiations with proposers are
permitted in accordance with AR 30-105.
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�k 8. No assignment or transfer of contract rights. Unless an express '
provision of the public contract otherwise provides, the contractor
shall not assign,sell or transfer rights, nor delegate responsibilities °" a
under public , `c: .n whnle or in part, without first
obtaining the City's prior written consent. Unless otherwise agreed i
by the City in writing, such consent shall not relieve the contractor 4 t
x of any obligations under a public contract, and any assignee or r � �
x ; transferee shall be considered the agent of the contract and bound
to abide by all provisions of the public contract. Except in the event
of a novation, if the City consents in writing to an assignment,sale,
' or transfer of the contractor's rights and responsibilities, the
contractor and it surety, if any, shall remain ultimately liable to the
City for complete performance of the public contract as if no such
assignment,sale,or transfer had occurred. „
30.091 Life Cycle Cost Analysis
L F ag
1. In determining the lowest responsible bidder, in the award of a 4 spy
contract, the City may use the concept of life cycle costing if it 'r j
} complies with section(2)of this rule. As used in this rule, life cycle
r costing means determining the cost of a product for its useful life. >.�
2. The City shall follow the following procedures:
a. At the time of writing specifications for the product, the City x
shall identify those factors which will have cost implications
over the life of the product and which, for evaluation
purposes, will be used to adjust the bid or proposal price of f , �
f# the product.
b. The Invitation to Bid shall set out clearly the factors and
methodology to be used in life cycle cost adjustments.
C. The results of life cycle costing adjustments shall be applied
to the bid or proposal price of the products(s)offered,and
the
bid or proposal that results in the lowest overall ownership '.
cost, taking into account the life cycle costing adjustments, 4 "
Z
shall be considered the lowest bid or best proposal for
x purposes of bid or proposal price evaluation.
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� r 30.Og2 Responsible Bidders•Res onsib'I' Investigation
f
1. A responsible bidder is one who has: Y
} a. Adequate financial resources to perform the contract, or the
40
ability to obtain such resources. The City shall rPniairP
acceptable evidence of the bidder's ability to provide or
obtain the required financial resources. Acceptable y
evidence normally consists of, but is not limited to, current
and recent balance sheets; income statements; cash flow s
j statements; and/or a performance bond from an acceptable
surety in an amount equal to the bid or proposal price. Such x M1
evidence may also include a commitment or specific``
arrangement,that will be in existence at the time of contract fi + � .
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award, to rent, purchase, or otherwise acquire the needed
v7
facilities,equipment,or other resources; .
b. The ability to comply with the required or proposed delivery or ak
performing schedule, takin into consideration all existing
g
commercial and public business commitments; s
C. A satisfactory performance record. A bidder who is, or s ,
recently has been,seriously deficient in contract performance
shall be presumed to be nonresponsible, unless the City Y
determines that the circumstances were properly beyond the >�
contractor's control or that the control has taken appropriate
corrective action. Record of failure to perform acceptably is '.
strong evidence on nonresponsibility. The City shall consider
the number of contracts involved and the extent of the
ng this evaluation. In addition,the
deficiency of each in maki
City may consider whether the bidders performance history
r
demonstrates responsibility as defined in ORS 200.005(11) ;
and 200.045(3);
d. Ke ersonnel available of sufficient experience, as
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determined by the contract agency,to perform the contracts;
e. The necessary organization, experience, accounting and x
operational controls, and technical skills, or the ability to
obtain these skills and abilities, as required to satisfactorily ;k
perform the contract. These may include, as appropriate, I "U,
such elements as production control procedures, property
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v control systems, and quality assurance measures applicable
to materials to be produced or services to be performed by , r tr
the bidder and its proposed subcontractor(s); 4 �
f. The necessary production construction, and technical
'f .... a....�fain them•and
equipment ano tacuulco, - :-
4 � '■
. t , g. Is otherwise qualified and eligible to receive award under 4
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{ applicable laws and regulations.
2. The City has the right, prior to awarding any public contract, ton•
4 ' make such investigation as is necessary to determine whether a `
Y _ _ -h:s .,ate .,t10n may includes but ig not $s s h
a„aTs r - ,
^ui^u0er Iv ICS':::.I.:::JfC !Iiia iiiva;at�gc.
Y µ , limited to:
t a. An inquiry into the responsibility of the bidder's proposed
-, 40 subcontractors and suppliers. y
b. Requiring a bidder to demonstrate its financial ability to k=
r perform the contract,as provided in subsection(1)(a)of this
r
V" A rule. In exercising this right,the City shall notify the apparent
# rt
successful bidder in writing to submit such documentation as
� .
the City deems necessary to complete a thorough evaluation
of the bidder's financial ability. r {
RrT�'•c�' x '�GY � R ,
C. By submitting a bid, a bidder authorizes the City to requestb+ .
it
any credit report information the City deems necessary to ,
investigate and evaluate whether a bidder is sufficiently �,��• y ; ej.
x {° financially responsible to perform the contract(s),
[ g 3. If a bidder fails to promptly supply, or have supplied, information # � "
requested by the City during its responsibility investigation, suchtt
� a
failure shall be grounds for a finding of nonresponsibility. .
4. A responsible proposer is one who has the attributes, qualities, or
- capability of a responsible bidder as set forth in subsections (1)(a) x
through (g) of this rule. The City has the right, as set forth in 'r zM
kl�i"y s h� f
section(2),to make such investigations as necessary to determine
whether a proposer is responsible. '
5. Only bids and proposals from responsible bidders or proposers,as
defined in this rule, shall be eligible for contract award. Bids or
1
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proposals from nonresponsible bidders shall be rejected as f''`3 �
provided in AR 30.100. ` 1
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30.093 Responsive and Nonresponsive Bids or Proposals;Acceptance and ..
R,giection
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1. A"responsive bid or proposal"is one which complies in all material .
aspects with an Invitation to Bid or Request for Proposals and withF&'� s
all prescribed public bidding procedures and requirements. —
R.
' 2. A"nonresponsive bid or proposal" is, except in the case of minor
informalities as provided in AR 30-075(2),one which: .
a. Omits, or is unclear as to, the price or price cannot be {
determined in the bid or proposal documents.; ,
b. Offers goods or services of a quality or quantity different from Baa
I that requested in the Invitation to Bid or Request for _ ��*
F Proposals;
C. Requires a delivery date different from that required in the
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Invitation to Bid or Request for Proposals;
d. Takes exception to the terms and conditions of the Invitation 1 z
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to Bid or Request for Proposals;
i e. Is conditional upon the City's acceptance of terms and a
F conditions difference from those contained in the Invitation to ,
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Bid or Request for Proposals;or `v
f. Contains a deviation which, if the bid or proposal were ,
j accepted, would give the bidder or proposer a substantial F f
advantage or benefit not shared by other bidders or
proposers to the Invitation to Bid or Request for Proposals. f
3. The City shall accept, and consider for award, only those bids or q.
t , proposals which are responsive as defined in this rule. �q.
x , Nonresponsive bids or proposals shall be rejected, as outlined in ;
AR 30-100. 'ted
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30,096 Low Tie_Bids i
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" 1. Definition
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Low tie bids are low responsive bids from responsible bidders that cis
are identical in price,fitness,availability and quality and which meet m .
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2. Award r
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a a. Low tie bids are subject to the Oregon preference contained , -
rt= F in ORS 279.021(1): '
,�� � "In all public contracts, the public contracting agency � s<
"�� shall prefer goods or services that have been
' manufactured or produced in this state if price, fitness, h
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as availability and quality are otherwise equal." ,{ n
b. Low tie bids that remain tied after application of the statutory
`t rt Oregon preference shall be awarded according to the
following sequence:
g (1) Preference shall be given to the bidder whose principal 1 w
offices or headquarters are located in Oregon.
(2) If a tie still remains after applying(1)above,award shall ;g
be made by drawing lots among any tied Oregon
bidders. Such bidders shall be given notice and an
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opportunity to be present when the lots are drawn. • `
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(3) If none of the tied bidders is located in Oregon, award �
€° of the contract shall be made by drawing lots. x
r Commentary
" Pursuant to ORS 279.021,public contract agencies are required to prefer
goods or services that have been manufactured or produced in this state `
r if price,fitness, availability, and quality are otherwise equal. This means
* ` s that the Oregon Preference Law applies only when there is a tie bid.
Al
x fr Note that this reference statute only applies to goods or services that are +
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} manufactured in this state. Thus,the application of the statute sometimes
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_}$ t treatment. For example, a firm may be headquartered in Oregon and
have all of its plants in Oregon except one, which is located in another
x state,and the goods offered pursuant to the solicitation might be from the _
'' ✓ ni_it_nf_eta4c nlanl Th aes �
L'..,i+:.J. ilei yuainy for the Oregon
Preference Law.
See also the reciprocal preference requirements of ORS 279.029(2) and
(3). The Oregon Department of Administrative Services maintains a list of
t` states providing for instate preference.
30.100 Rejection of Individual Bids or Proposals
# t ' 1. General
This section applies to rejections, in whole or in part, of individual
i bids or proposals. In accordance with ORS 279.035,the City may
t reject in whole or in part, any bid not in compliance with all
prescribed bidding procedures and requirements and may reject for .
good cause any bid or proposal upon a written finding of the City "
r that it is in the public interest to do so. No bid shall be considered E
unless the bid security,properly executed,has been submitted with r `
the bid as required by the bid documents. . fi
2. Reasons for Rejection
;1= i Reasons for rejecting a bid include but are not limited to:
3 3 �
a. The bidder has not prequalified under ORS 279.039, or has ^
been disqualified under ORS 279.037;
b. The bidder has been declared ineligible by the Commissioner ,
r
of the Bureau of Labor and Industries under ORS 279.361;
C. The bid is non-responsive, that is, it does not conform in all s
material respects to bid documents or requirements, €
including all prescribed public procurement procedures and
requirements; ��
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F d. The supply,service,or construction item offered in the bid is
unacceptable by reason of its failure to meet the ,
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x - requirements of the bid documents or permissible alternates
.w° r` T`. `v, ...' a. or other acceptability criteria set forth in the bid docuriicntEi;
' t e. The bidder is not capable of satisfying the terms andz `
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conditions of the public contract m a umeiy manner due to
_ financial incapacity, inability to obtain bonding, loss of � �4 ';
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license,or other objective cause;
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f. The bidder within the last 5 years has been found, in a civil, F $
�_ criminal, or administrative proceeding, to have committed
�Ys fraud, misrepresentation, price-rigging, unlawful anti-
competitive conduct,or similar behavior; t ,
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�r g. The bidder has been determined responsible (i.e.,
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_ adjudicated by a court,or as determined in writing by the City
agency in the case of a public contract) for more than one .
{ breach of a public or private contract or contracts in the last 3 � r z
calendar years before the scheduled date of the bid opening; i a
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h. The bid security has not been submitted or properly executed
#" as required by the bid documents;
i. The bidder has not met the emerging small business, ,;;
disadvantaged business, minority business and women
business enterprise requirements, if any, established by the
City,and has not made a good faith effort in accordance withfw
f € _ ORS 200.075 and 279.059 to comply with the requirements
t -" prior to the time bids are opened; ` w
j. The bidder failed to certify in accordance with section 4 of this
t` rule;or
k. Other circumstances of the particular bid, proposal,or bidder h
indicate that acceptance of the bid would impair the integrity '
Y of the selection process or result in an imprudent contract by
8
the City. Y
' 3. Form of Business Entity '`
t
For purposes of this rule the corporate or business form of bidders
shall be subject to scrutiny, so that previously disqualified bidders, '' ` '
a or their officers and directors, may not by subterfuge, change of
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$ avoid application of this rule or of the disqualification provisions of
4. The bidder shall certify as part of the bid documents accompanying
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#�* ' the bid on a public contract that the contractor has not E '
discriminated against minority,women,or emerging small business
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g 5 enterprises in obtaining any required subcontracts.
'r 30.102 Resection of All Bids or Pro op sats
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1. Bid Rejection
s All bids or proposals may be rejected for good cause upon a written
finding by the City that it is in the public interest to do so. *=
r j Notification of rejection of all bids or proposals,along with the good
cause justification and finding of public interest, shall be sent to all
s � who submitted a bid.
2. Rejection Criteria
rw s Reasons for rejecting ail bids or proposals include but are not err
limited to finding that:
I a. Due to the content of or error in the bid documents,including
n" its terms,conditions,or specifications,the solicitation processT
E� unnecessarily restricted competition for the public contract; "
b. The price,quality,or performance presented by the lowest or ;
' best responsible bidder is, in the City's opinion, too costly or
of insufficient quality to justify acceptance of the bid or
1 proposal; , '
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C. Misconduct, error, or ambiguous or misleading provisions in
# Lf the bid documents threaten the fairness and integrity of the
competitive process;or
d. Causes other than legitimate market forces threaten they t
integrity of the competitive procurement process. These
' causes include, but are not limited to,those that tend to limit r X-
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competition such as restrictions on competition, collusion,
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30,10 Protest of Award
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Purpose
t The purpose of this rule is to require adversely affected or
aggrieved bidders or proposers on the City's solicitation to exhaust _ '
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all avenues of administrative review and relief before seeking
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judicial icvicW'of the City's CCntrartnr celar_.tjnn or contract award
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decision. y
` 2. Notice of Awards
a. The written notice of award of the contract shall constitute a '
`} final decision by the City to award the contract if no written _
protest of the notice of award is filed with the City within 14 µ -
sz calendar days of the notice of award or such other period as Is
provided in the City's solicitation. If a protest is timely filed, I "
x the notice of award is a final decision of the City only upon r �
t Q issuance of a written decision denying the protest and
affirming the award. The notice of award and any written
decision denying a protest shall be sent to every bidder or
proposer who provided an address.
k b. Unsuccessful bidders or proposers will generally not be �
notified that a contract has been awarded.AR 30-135(2).
3. Right to ProtestIn
Any actual bidder or proposer who is adversely affected or
aggrieved by the City's notice of award of the contract to ano"ler
bidder or proposer on the same solicitation shall have 14 cater Jar ky.
days after notice of award to submit to the City a written protest of
t the notice of award. The written protest shall specify the grounds
upon which the protest is based. The period of 14 calendar days in
which to submit a written protest may be shortened or lengthened
by the City, as provided in the City's solicitation. In order to be an � h
' adversely affected or aggrieved bidder or proposer with a right to ,
submit a written protest,a bidder or proposer must itself claim to be
eligible for award of the contract as the lowest responsible bidder
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or best proposer and must be next in line for award; i.e., the j
protester must claim that all lower bidders or better proposers are
ineligible for award because they are nonresponsive or
��. nonresponsible. The City shall not entertain a protest submitted ,
after the time period established in this rule or such different period -4111111110
� a as my be provided in the City's solicitation. ca N{ � '
4. Authority to Resolve Protests �a
The City Administrator, or designee, shall have the authority to
x I settle or resolve a written protest submitted under section(2)of this %TZ
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rule.
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r , 5. Decision atm
If the protest is not settled or resolved by mutual agreement, the
City Administrator, or designee, shall promptly issue a written ! � .
x decision on the protest. Judicial review of this decision will be .
available where provided for in statute.
' 30.105 Negotiation with Bidders Prohibited
Unless a Request for Proposal is used, the City shall not negotiate with
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any bidder prior to award of a contract. After award of the contract,
modifications to the contract shall be made with change orders or
`?rt addenda to the contract and in accordance with the exemption rules.
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} q 404.40 OuderDisqualification+auta1e11GaL•On
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1. Definitions. As used in this rule:
a. "Disqualification" means the debarment, exclusion or k
suspension of a person from the right to submit bids or
proposals in response to the City's solicitations foraWif{
reasonable, specified period of time named in the order of (
a + disqualification. A contractor or vendor so debarred,
t excluded or suspended is disqualified. z
, fb. "Person" means an individual, partnership or corporation.
t Disqualification attaches to and follows the individual,so that
an individual who is a partner in a partnership or an officer or
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t principal in a corporation which is disqualified may not reform 1 �� ���
Y the business entity as a way of avoiding the disqualification.
x� 2. Grounds for Disqualification
JU
As provided in ORS 279.037, the following are grounds for bidder
disqualification:
1,{
a. The person does not have sufficient financial ability to ` r
perform the contract. if a bond is required to ensure
E�* performance of a contract, evidence that the person can p#
VWWIacquire a surety bond in the amount and type required shall
be sufficient to establish financial ability; r .r
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b. The person does riot have equipment available to perform
3
the contract;
C. The person does not have key personnel available of
4 sufficient experience to perform the contract;or � '
d. The person has repeatedly breached contractual obligations
to public and private contracting agencies.
kk` 3. Prohibited conduct. As provided in ORS 200.075,the following are r�
3 grounds for suspension of a bidder's, proposer's contractor's or
subcontractor's right to bid, propose or participate r
9 P P P- •-,P..t., in a public {
contract.
{ a. If the person has entered into any agreement representing ,
d' x that a disadvantaged, minority, women or emerging small u ;
business enterprise, certified pursuant to ORS 200.055, will v ,Y
be performing or supplying materials under a public f .
improvement contract without the knowledge and consent of ;x
_.
the certified enterprise; _
b. If the person exercises management and decision making
h control over the internal operations, as defined by ORS x
200.075(1)(b), of any certified disadvantaged, minority,
women or emerging small business enterprise;
C. If the person uses a disadvantaged, minority, women or
emerging small business enterprise to perform contracting
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services or provide supplies under a public improvement g x.
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contract to meet an established DBE/MBENVBE/ESB goal, #
v when the enterprise does not perform a commercially useful
function, as defined by ORS 200.075(3); in performing its ar h •
obligations under the cunudci.
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� „ r 4. Investigation
The City may make such investigation as is necessary to determine ;
whether a person is qualified. If a bidder or prospective bidder fails a
to supply information promptly as requested by the City, such z y
failure is grounds for disqualification. r.�
i 5. Trade Secret
Any information voluntarily submitted by a bidder or prospective r
r 4 " i bidder pursuant to an investigation under subsection (2) of this
{ k n section or in a prequalification statement required by ORS 279.039
or in a prequalification request submitted pursuant to ORS 279.041 r314 �
shall be deemed a trade secret pursuant to ORS 192.501(2) to
192.505 if requested by the person submitting the information. .�
1 , 6. Notice of Disqualification
Z.
The bidder or prospective bidder will be notified in writing by w �
personal service or certified mail of the City's decision to disqualify "
r the person from bidding with the City. The notice shall contain:
a. The effective date of the disqualification and the effective
period of disqualification; t
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b. The grounds for disqualification from bidding;and
C. A statement of the contractor's appeal rights and applicable
appeal deadlines. r r
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7. Appeal of Disqualification
Y, ,
If a contractor wishes to appeal the City's decision to disqualify,the
contractor muni n 11 " iii ":' '^, wrifinn within three (3) business
days after receipt of the notification,as provided in ORS 279.043. N S'
The City shall mail its notice to the contractor by Certified A"ail -
' Return Receipt Requested,if not personally served. U.
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> z 30.115 Cancellation of Invitations to Bid a U " r
1. Cancellation in the Public Interests `a
it An invitation to bid may be cancelled, in whole or in part, and all
bids may be rejected when it is in the public interest as determined
y by the City. The reasons therefore shall be made part of th bid 3
*} file. }�+
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2. Notice of Cancellation
When an invitation to bid is cancelled prior to bid opening,no,,;ce of
cance1ation shall be sent to all known holders of bid documents. '—
When an invitation to bid is cancelled after bid opening,notice shall
be sent to those bidders who submitted a bid. The notice of
cancellation shall: r
a , x a. Identify the invitation to bid;
' b. Briefly explain the reason for cancellation;and
C. Where appropriate,explain that an opportunity will be given ,_ '
to compete on any resolicitation.(ORS 279.035) r
k 30.120 Disposition of Bids or Proposals if Bid Cancelled §,
{{ 1. Prior to Bid Opening
` When an invitation for bids is cancelled prior to bid opening,all bids
� s ,
z received will be returned to bidders unopened, if submitted in aii K-M
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hard copy format with a clearly visible return address. If there is no
' return address on the envelope, the bid will be opened to y � Y
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t determine the source and then returned to sender. -
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r € 2. After Bid Opening
yr) y¢S` =?.1 ,* fir.✓ t sj `.•`a¢ "y`'1.. ;
When all bids are rejected,the bids received shall be retained and ', ��
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become permanent r.
rix __co e part of the City's permanent file.
�' ^'�E�} r t 30.125
��_ x�X Documentation of Award ,;
�� sem,;
1. Basis of Award
K
' Following award, a record showing the basis for determining the
successful bidder shall be made a part of the bid file.
�l 2. Contents of Award Record '=
� b
x a The record shall consist of.
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a. Completed bid tabulation sheet;or '
b. Completed proposal evaluations;and m _
'. h J� r •^ dam•
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C. Written justification of any rejection of lower bids;or
r s: d. Written explanation for any rejection of proposals for failing to
meet mandatory requirements of the Request for Proposals. :.
Hifi W y a
30.130 Foreign Contractor[QRS 279 021)
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W1Wk �� f If the amount of the contract exceeds $10,000 and the contractor is a
"foreign contractor," the contractor shall promptly report to the Oregon
> Y ? Department of Revenue on forms to be provided by the Department ofza
2` Revenue the total contract price,terms of payment, length of contract and
r such other information as the Department of Revenue may require before
E' final payment can be received on the contract. A copy of the report shall } ¢
be forwarded to the City. The City shall satisfy itself that the above
Lt
� ; requirements have been complied with before it issues final payment on
ag k the contract. For the purposes of this rule, a foreign contractor is one
who is not domiciled in or registered to do business in the State of i
f
1 Oregon. )
30.135 Availability of Award Decisions-Contract Retention ! '
1. Contract Documents r •'
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A signed purchase order, price agreement, or contract document,
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as applicable,shall be sent to the successful bidder.
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2. Notification to Unsuccessful Bidders
F Unsuccessful bidders need not be notified. Tabulations of awarded
bids may be obtained for a nominal charge in Pq
g person or by e
A ? submitting to the City a written request stating the bid number and
AIN
< a self-addressed,stamped envelope. a;
3. Availability of Bid Files Y'
Completed bid files shall be available for public review at the City..
All original bid files are retained in central records.
a 4. Copies from Bid Files
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rr Copies of material from bid files, other than previously described ''
ti tabulation sheets, may be obtained upon payment of a reasonable
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Z4 � copying charge. tt ,
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5. Contract Retention
3
The following requirements on retention of contract documents
after award shall apply: -
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h a. For all service contracts the original must be kept for twe six
ears after the contract has been completely executed;ZQ
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` b. Capital improvement contracts must be kept permanently; x
C. Goods contracts must be kept for six years after maturity;
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F ,3 d. Intergovernmental and interagency agreements must be kept
permanently-;and � Y
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e. Other purchasing related documents should be retained
€- according to City retention schedules; ¢
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f. When the City authorizes submission of bids or proposals by
x electronic data interchange,a hard copy shall be created for q�
bid file. z�,
Any copies of the originals must be kept for two years after maturity in all r # '■
s .i�h �•�_--�.....;oe lic4nri ahnya
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30,140 ®r
Performance Security
zE 3# 1. Public Improvements Contract
M I;
x Except in emergencies, when the requirement may be waived ,' v
pursuant to ORS 279.029(5) or unless the requirement is }r
p exempted pursuant to ORS 279.033,a performance bond in a sum '
i equal to the contract price shall be required for all public zf `
u' r improvement contracts in excess of$10,000.
2. Other Public Contracts
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The City may require performance security for other public n
< £ a contracts. Such requirements shall be stated in the bid documents.
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F` 3. Contracts Under$10,000
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Performance bonds for a contract under$10,000 shall be utilized
f ; only in critical circumstances,so as not to discourage competition. g
4. Requirement for Surety Bond
f x A surety bond furnished by a surety company authorized to doh'
f 4 t business in Oregon is the only acceptable form of performance ;
security unless specified in the bid documents. .
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5. Time for Submission -
Upon request b the Ci the apparent successful bidder must K-
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4 furnish the required performance bond within 10 days. Prompt -
£ ' submittal of the performance bond is required to ensure timely # ;
project initiation. Failure to furnish the bond prior to the deadline
shall result in rejection of the bid, and forfeiture of bid security and -
;,;wry rzsfivii6i66 uiuuai ur next nignest-scoring u �
` proposer. 07
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30,145 Riot to Audit Records ` $
;e 1. Records Maintenance;Access k �
M a °:
Contractors and subcontractors shall maintain all fiscal records
relating to public contracts in accordance with generally accepted 5`
accounting principles. In addition, contractors and subcontractorst�
shall maintain any other records necessary to clearly document(i) . ,
their performance and(ii)any claims arising from or relating to their Y
}of
` r= performance under a public contract. Contractors and A y
' subcontractors shall make all records pertaining to their
f performance and any claims under a public contract accessible to
k the Cit,; at reasonable times and places, regardless whether
litigation has been filed as to such claims.
2. Audit of Cost or Pricing Data Y
y The City may,at reasonable times and places,audit the books and S
s records of any person who has submitted cost or pricing data vs
according to the terms of a contract to the extent that such books x
4 and records relate to such cos; or pricing data. Any person who ,
receives a contract, for which cost or pricing data are required,
s.
n shall maintain such books and records that relate to such cost
or £
pricing data for three(3)years from the date of final payment under
, the contact, unless a shorter period is otherwise authorized in
writing. '
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k 3. Contract Audit ,
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The City shall be entitled to inspect, examine, copy and audit the r ,
books and records of a contractor or any subcontractor under any
contract or subcontract to the extent that such books and records
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relate to the performance of such contract or subcontract. SuchNO
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s {
j books and records shall be maintained by the contractor for
r� period of three (3)years from the date of final payment under the
itr 3 �AW
� � r prime contract and by the subcontractor for a period of three (3)
6.
a� ,
years from the date of final payment under the subcontract, or until
tm conclusion any audit,controversy or litigation arising out of or
the concon o � �►
t y 5 09
related to the contract, whichever date is later, unless a shorter
period iS uiimmmu auiilvii-cu sle..m..Z•
b x
,3t 30.150 Riaht to Inspect Plant c � �
�^
1. Time for Inspection r ,
i x r The City may, at reasonable times, inspect the part of the plant or
place of business of a contractor or any subcontractor which is , �w
t� related to the performance of any contract awarded. a >
2. Access to Plant or Place of Business
k
F As a condition of bidding, bidders agree that the City may enter ak .'
contractors or subcontractors plant or place of business during
# normal business hours for the following purposes:
a. Inspect and/or test supplies or services for acceptance by the v
City pursuant to the terms of the bid;or
b. Investigate in connection with a bidder's application, a
minority business certification,or bidder qualification.
3. Contractual Provisions
�t5 i
Contracts may provide that the City may inspect supplies and
services at the contractor's or subcontractor's facility and perform "'
tests to determine whether they conform to the bid documents, or,
T after award, to contract requirements, and are therefore #
acceptable. Such inspections and tests shall be conducted in
r 3 accordance with the terms of the contract.
4. Procedures for Trial Use and Testing
n e w yds #
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The City may establish operational procedures governing theF 1
testing and trial use of equipment, materials,and the application of #r
resulting information and data to specifications or procurements. "
5. Conduct of Inspections
a� a ra. iiispeciors ,. F
a s
Inspections or tests shall be aerformed so as not to unduly
g delay the work of the contractor or subcontractor. No changef,
�tifr�ft��
� ah
of any provision of the specifications or the contract may be ;
*- required by the inspector without written authorization of the
z City, unless otherwise specified in the bid documents. The
presence or absence of an inspector shall not relieve the
h
contractor or subcontractor from any requirement of thea;
contract.
P
b. Location _
h When an inspection is made in the plant or place of business
t r , of a contractor or subcontractor, such contractor or
subcontractor shall provide without charge all reasonable
facilities and assistance for the safety and convenience o.the
x person performing the inspection or testing. H
C. Time of Testing or Inspection
Inspection or testing of supplies and services performed at .
NINIK the plant or place of business of any contractor or e --
�} subcontractor shall be performed at reasonable times during
normal business hours.
*;' k 6. Inspection of Construction Projects i5.
On-site inspection of construction shall be performed in accordance
with the terms of the contract.
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� RR `,,- 30.155 Contract Cancellation Procedures
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1. Grounds for Cancellation
A contract may be cancelled by the City for any violation of the
_ I provisions of the contract. Such provisions generally inr.Inrie hn+_ r
� are not limited to:
a. Standard terms and conditions included in all contracts; x �
b. Product or service specifications;
S k
x.
jC. Delivery or completion requirements;or E �
4 d. Contractedricin
p g and price escalation/de-escalation
` clauses.
U
r 2. No cancellation of a public contract shall, unless limited by the t �"
x terms of the particular contract, restrict or abrogate any other K,f :f
pj ,r remedy available to the City that is provided either by law or under
the particular contract. 4 ,
3. The City shall provide the contractor written notice of the grounds 0.74%, ��3 a
for cancellation or termination and of its intention to cancel the
j contract or terminate the contractor's performance. If the c
contractor provided a performance and payment bond, the sure
tys r
j shall also be provided with a copy of the notice of contractf�
i cancellation or contractor termination. The notice shall include the ,
k effective date of the intended cancellation or tem�ination, the
grounds for cancellation or termination and notice of the amount of k
time(if any)in which the agency will permit the contractor to correct xk
the failure to perform. The public contract may provide contract
cancellation or contractor termination procedures that are different
from or in addition to,those provided in this rule.
4. If the contractor has provided ad performance and payment bond, '
the agency may afford the contractor's surety the opportunity,upon
-W— the surety's receipt of a contractor termination notice,to provide a
,z substitute contractor to complete performance of the contract.
k
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pursuant to all material provisions of the original contract, including w k�
d the provisions of the parformance and payment bond. Such �- 5
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substitute performance does not involve the award of a new public � ta
contract and shall not be subject to the competitive procurement 1•
provisions of ORS 279.005 to 279.111. 711°
j
F
MM vu NUBLIC IMPROVEMENT CONTRACTS y f �
40.000 Application
' i
In addition to the requirements set forth in Section 30 of these rules the a
following rules apply to public improvement contracts. The requirementsa
in Section 40 are intended to be complementary to those in Section 30,
with the rules in Section 40 supplementing the Section 30 requirements,
.n
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where necessary,to meet the City's needs when administering contracts
for public improvements. - :a
40.005 Competitive Bidding
Public improvement contracts, shall be awarded by the City with the
competitive procurement process, to the lowest responsible bidder as
defined by statute unless otherwise exempt under ORS 279.015, am
,.
279.053,or 279.056. 3
40,010 Public Notice
1. Trade Newspaper Advertisement .
In addition to the requirements of AR 30.015, public improvements
having an estimated cost in excess of$50,000 shall be advertised
for bids in at least one trade newspaper of general state-wide
x
circulation.
2. In addition to the requirements of ORS 279.025,468A.760 and AR
137-30-015(2)(b)(10), when the City requests bids for a public t t
works project, it shall first determine whether the project requires at�
contractor licensed under ORS 468A.720 to work with asbestos or
asbestos-containing material. The City shall include in the bid t '
advertisement a statement whether performance of the contract '
requires a contractor licensed to do asbestos abatement work ,
under ORS 468A.720. �
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{ 3. Prevailing Wage(tate Notice 4 1
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f If the following conditions anniv, tno „� ,,;:inciuoe in the public
IMU7w notice a statement that the bidder shall comply w4h the
requirements of the prevailing wage law in ORS 279.348 to
279.365:
a. The hid must be for public works as defined in
s ORS 279.340(,',)w^i:.lt includes construction, reconstruction, �
} major renovaiion or painting of roads, highways, buildings.
i structures and improvements of all types which are carried on R
or contracted by the City to serve the public interest but do f `
not include the reconstruction or renovation of privately
owned property which is leased by the City;
s
b. The solicitation is for a public improvement that is being
constructed, reconstructed or renovated for use by the City
t under a lease-purchase agreement or under any other
agreement whereby ultimate state ownership is contemplated 4`
or expected(ORS 276.971);and
C. The contract price for the project exceeds$10,000;and z
d. The project is not regulated under the Davis-Bacon Act ? a _
(40 USC 276a). (ORS 279.357)
�
40.015 Bid Evaluation and Award £:
� 1. General. A public improvement contract, if awarded, is to be
awarded to the lowest, responsive and responsible bidder or the REQ
best,responsive and responsible proposer.(See AR 30-090.)
2. Special requirements. The solicitation documents shall set forth
any special requirements and criteria which will be used to 3 ¢
determine the lowest, responsive and responsible bidder or best,
responsive and responsible proposer. No bid or proposal shall be
evaluated for any requirement or criterion that is not disclosed in
` the solicitation documents or city regulation. ,
{fit 91''x
r a � 3. Bid Evaluation and Award. The evaluation format for competitive �.
y bid pricing can be lump sum, unit price, or a combination of the +�
two. s '
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( a, Lump sum. If the bid form !ricludes a !ump sum base bid,
plus additive or deductive alternates, the latal bid price, for �--
the purpose of comparing bids, shall be the total sum ': 1
computed from adding or deducting alternates, as selected
by the City, to the base bid. If the bid form requires a lump
sum bid,without additive or deductive alternates,or if the City `
has selected no additive or deductive alternates for award, s � ,
bids shall be compared on the basis of lump sum prices, or 3'
lump sum base bid prices,as applicable.
b. Unit price. If the bid includes unit prices and extensions for fax
estimated quantities, the total bid price, for the purpose of � �,zt
•ill he the total sum computed from
comparing bids, :.. P
multiplying estimated quantities by the unit prices entared on '
the bid form by the bidder,with due adjustments being made ; '
for additive or deductive alternates,if any,selected for award. _
Note: In case of a conflict between a unit price and the '
corresponding extended amount, the unit price shall govern, ,
as provided in AR 30-075(2)(b). 5 �
C. Combination lump sum and unit price. The City shall select a �
" .
combination of factors for purposes of bid evaluation and
contract award and use the methods described in (a.) and q;
{
(b•)to compute and compare bids. rp
Evaluation a an,alternate.election s
4. Proposal Evalu_ n nd A.u!ard. !f r, s��ec,��r�method is
approved by the City's public contract review authority pursuant to �»
ORS 279.015(2) for use in procuring a public improvement,
proposals will be evaluated to determine which proposer offers the
best solution to the City in accordance with the evaluation criteria
set forth in the solicitation documents and in the City's rules. Only �•
the criteria which are set forth in the solicitation documents and in
s the City's rules shall be applied. The solicitation evaluation criteria
shall be as objective as possible. Examples of solicitation
evaluation criteria include, but are not limited to, cost, quality,
relevant experience, service, performance history on other priv&te = x
and public contracts, experience and availability of key personnel, x " .
ysical plant, financial wherewithal,
adequacy of equipment and ph `
sources of supply, and references. Evaluation factors need not be I
precise predictors of actual future costs and performance; but, to u'
the extent possible,such evaluation factors shall: 'M
e
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3 _ a. Be reasonable estimates baba; ;;, ,s_^^ +•^•^ available to
° the City;
b. Treat all proposals equitably; P
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C. Recognize that public policy requires acquisitions and public t
r{fl , improvements to be accomplished at the least cost. ORS
a
279.023(1).
5. Restrictions. Nothing in this section shall be deemed to permit s
contract award to a proposer offering a higher quality solution than
that required in the solicitation documents if such proposer is not
also the best, responsive and responsible proposer as determined `
under section(4.)of this rule. r� >
6. Negotiations. The City may negotiate with the apparent best, A
responsive and responsible proposer, but only to establish the ' , �.
1 details of contract performance (e.g., to reach agreement on
project scheduling or on a final guaranteed maximum price where ' , $
the City is procuring the services of a construction
l manager/general contractor). Negotiations between the City and
the best,responsive and responsible proposer shall not change they
material requirements of the solicitation document nor any material rgs�
contractual terns and conditions. .-
7. No assignment or transfer of contract rights. A contractor shall not
assign,sell,or transfer rights, nor delegate responsibilities,under a ,
public contract, either in whole or in part,without first obtaining the 1s ,
City's prior written consent. Such written consent shall not relieve a
contractor of any obligations under a public contract, and any .
transferee shall be considered the agent of the contractor and
bound to abide by all provisions of the public contract. Except in `•
the event of a novation, if the City consents in writing to an .
assignment, sale, or transfer of the contractor's rights and
responsibilities, the contractor shall remain ultimately liable to the
F } _
City for complete performance of the public contract as if no such
assignment,sale,or transfer had occurred. `
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WE y 44,42.4 Contract Cancellation Proceduresx
1. Termination Due to Circumstances Beyond the Control of they
y t" 1 '170.326,3279328,77Q ZZ^ 279.339
i %uidiactui OSS 2iS.,'r2ti, .
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The City may, in its sole discretion, rritten order or uponMN
t �Y
num the contractor, terminate the contract or
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written request
a portion thereof if any of the following occur:
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(1) The contractor is prevented from completing the work
r
for reasons beyond the control of the City; fM
(2) Completion of the project is beyond the control of the fi
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contractor; �N
f (3) Or for any reason considered by the City to be in the IR
public interest(other than a labor dispute or reason of
any third party judicial proceeding relating to the work
other than a suit or action filed in regards to a labor
dispute). These reasons may include, but are not
necessarily limited to, non-availability of materials, n,
phenomenon of nature of ia_tast ti
P rop.,lc proportions or
intensity, executive orders of the President related to
national defense,congressional or state acts related to `
funding.
party judicial proceeding relating to the(4) Any third p e wor
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f
other than a suit or action filed in regards to a labor
dispute;and
(5) If the circumstances or conditions are such that it is ,06
impracticable within a reasonable time to proceed with "
ti
r a substantial portion of the public works.'
b. Payment When Contract is Terminated
When the contract, or any portion thereof, is terminated
' before completion of all items of work in the contract, k�
payment will be made for the actual items of work completed
' -
� under the contract,or by mutual agreement,for items of work ,}r
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partially completed. No claim for loss of anticipated profits u
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} will be allowed. 1 x
C. Responsibility for Completed Work }
or�+�Conti ac's Terminated
h � ,.
Termination of the contract or a portion thereof shall not
j relieve the contractor of responsibility for the work completed,
nnr shall it rPliayp the gu.'ELV of its obligation for anv lust
claims arising from the work performed. C 7
`Si`""`
2. Termination of Contract for Default(ORS 279.333) tk `
a. Declaration of default. The City may, after giving the �� �
contractor or the surety seven (7)days written notice and ani,
opportunity to cure deficient performance, terminate the
contractor's performance for any reasonable cause,including
but not limited to those set forth in subsection 2(a)(1)to(6)of a sY4
this rule. Upon such termination, the City may immediately "
take possession of the premises and of all materials, tools
and appliances thereon as well as all other materials, -
whether on the premises or not, on which the contractor has
received partial payment. The agency may finish the work by
t whatever method it may deem expedient;, ms'"
M
(1). If the contractor should persistently or repeatedly refuse
to or fail to supply an adequate number properly skilled =,
workers or proper materials for the efficient execution of
the project,or;
(2} If the contractor should fail to make prompt payment to
subcontractors for material or labor, or persistently
disregard laws,ordinances or the instruction of the City, `}
or otherwise be guilty of a substantial violation of any
provision of the contract;or
(3) If the Contractor should voluntarily or involuntarily seek k "
protection under the U.S. Bankruptcy Code and its
Debtor in Possession or Trustee for the estate fails to
assume the contract within a reasonable time;or E >
$_ (4) If the contractor should make a general assignment for !
the benefit of the contractor's creditors;or
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(5) if a receiver should be appointed on account of the
contractors'insolvency;or ' F §�xs;
x (6) If the contractor is otherwise in material breach of any
? part of the contract. j
e Default
__ a....of
b. Required Response to ueciaia�w„.,, .._._._ _
}s <
If the above action is taken,the contractor or the surety shall r tiY
provide the City with immediate and peaceful possession off
all of the materials, tools and appliances located on they .
t, premises, as well as all other materials whether on the
premises or not, on which the contractor has received any
progress payment. Further, the contractor shall not be r
entitled to receive any further payment until the work is In
completed. On the completion of the work, determination
shall be made by the City of the total amount the contractor - �
would have been entitled to receive for the work, under the
� a
a terms of the contract,had the contractor completed the work. f »
If the difference between said total amount and the sum of all y
amounts previously paid to the contractor, which differenceb # '�
will hereinafter be called the "unpaid balance," exceeds the
expense incurred by the City in completing the work,
#, including expense for additional managerial and
administrative services, such excess will be paid to the
contractor, with the consent of the surety. If, instead, the
a expense incurred by the City exceeds the unpaid balance,
the amount of the excess shall be paid to the City by the s
Y contractor or the surety.
c. Expense of Completion
The expense incurred by the City shall be as determined and r
certified by the City. Y
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s d. Substitution of contractor. As provided in AR 30.155(4), L '
termination of the contractor and substitution of another
} k contractor to complete the work does not constitute the ,
award of a new public contract and shall not be subject to the W-
r ` provisions of ORS 279.005 to 279.111. E t 5 '
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%3 � e. Refusal to Perform -
fes , In addition to and apart from the above-mentioned right of the
` k r City to terminate the employment of the contractor, the = • '
dsr i3 t-
contract may be cancelled by the City for any willful failure ori ° •
}`GY refusal on the part of the contractor to perform faithfully the
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contact according to all of its terms and conditions;however,
in such event neither the coni, nor the surety shall be c ;N= �,>'"
relieved from damages or losses suffered by City the Ci on r'N EWA-
account
account of the contractor's breach of contract.
w f. Remedies are Cumulative
r f The City may, at its discretion, avail itself of any or all of the
4' above rights or remedies without prejudice or preclude the
City from subsequently invoking any other right or remedy set z
J forth above or elsewhere in the contract.
40.025 Retainage(ORS 279.420.279.435) �g
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1. Retainago of Five Percent k,
The amount to be retained from any given progress payment will
R be such that when added to the sum of amounts previously �u s
retained will equal not more than 5 percent of the value of
completed work except if the contract work is 50 percent completed
r and the work is progressing satisfactorily, the retainage may be *�
reduced or eliminated on the remaining progress payments. Any f=
reduction or elimination of retainage shall be allowed only upon "
written application of the contractor,which application shall include
y written approval of the contractor's surety; except that when the.
contract work is 97-1/2 percent completed, the City may without 4 ,
application by the contractor, reduce the retained amount to 100 N
percent of the value of the contract work remaining to be done. If
x retainage has been reduced or eliminated, the City reserves the
r
right in protecting its interests to reinstate at any time retainage ; ,<M.
f
from further progress payments.
2. Alternatives to Cash Retainage 4 .
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i In lieu of cash retainage to be held by the City,the contractor may
k v select one of the following options: ks 3
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a. Deposit of Securities
� r
NOR
The contractor may deposit bonds or securities with the City .�
or in any bank or trust company to beheld for the benefit of P ��; =
F r the City. In such event,the City shall reduce the retainage inEIIIIIIIIIIiio
`4 an amount equal to the value of the bonds and securities. p �
> This reduction in retainage will be made in the progress
s. payments made subsequent to the time the contractorpc2
i-c thn hnrldq ant-Prurities.
The value of 'h -_ _
. e ,, „rte bungs and securities will be determined rr
,t periodically by the City and the amount retained on progress
payments will be adjusted accordingly. The bonds and C "t
securities deposited by the contractor shall be fully assigned
to the City or be payable to the City on demand and shall be ��„
of a character approved by the Finance Director, including
but not limited to the following:
(1) Bills,certificates,notes or bonds of the United States. j -
(2) Other obligations of the United States or its agencies. Vle
(3) Obligations of any corporation wholly owned by the .
Federal Government.
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(4) Indebtedness of the Federal National Mortgage l
—
Association.
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(5) Time certificates of deposit or savings account
passbooks issued by a commercial bank, savings and
loan association, or mutual savings bank, duly M
authorized to do business in Oregon.
(6) Corporation bonds rated A or better by a recognized
rating service.
P
#y (7) General obligation bonds of the State of Oregon or any
y political subdivision thereof.
f (8) General obligation improvement warrants issued
pursuant to ORS 287.502. Ie
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v' (9) irrevocable letters of credit from a bank doing business r'
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_ At the time the City determines that all requirements for the �� r
x �•
protection of the City's interest have been fulfilled, all bonds and x :
securities deposited as above provided will be released to the
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contractor. � r.
x { b. Oepos in Interesi-bearing Accounts m
_.
' Upon written request of the contractor, the City shall deposit
i
+. any amounts withheld as retainage in an interest-bearing
account in a bank, savings bank, trust company or savings
association for the benefit of the City. Interest earned on
such account shall accrue to the contractor. µk -
r A .
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C. The City may,at its discretion, allow the contractor to deposit
z`
x a surety bond in a form acceptable to the City in lieu of all or - `
a portion of funds retained, to be retained. The contractor
shall accept like bonds from subcontractors and suppliers
i when the City allows surety bonds for retainage.
3. Recovery of Costs
If the City incurs additional costs as a result of the exercise of any x '
of the options for retainage described herein,the City may recover
such costs from the contractor by reduction of the final payment. 's
As work on the contract progresses, the City shall, upon request,
inform the contractor of all accrued costs. {
{ 40.030 Progress Payments(ORS 279,4M
r �1. Request for Progress Payments m; .
At a regular time each month,the contractor shall,if required by thee.
contract documents, submit to the City a request for payment
based upon an estimate of the amount of work completed and of `��
fi the value of acceptable material to be incorporated in the
completed work which has been delivered and acceptably stored. .<
Upon verification and approval of the City,the sum of these values I
will be referred to the "value of completed work."' With these ( R-
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f• f�� F� �.� t �CSF �' a
> estimates as a base, a progress payment will be made to the , .
contractor,which progress payment shall be equal to the value of
RE
�} y completed work, less such amounts as may have been previously {� ai,
4 paid, less such other amounts as may be deductible or as may be
'
r owing and due to the City for any cause,and less an amount to be
retained in protection of the City's interests. fi" �
r r 2. Progress Payments Do Not Mean Acceptance of Work ` {; _
12 K
**M1 SKS t Progress payments shall not be construed as an acceptance or
GFJP1 UVt11 UI tllly Pat UI L;M.vviiin wvcidu iiicicuy, aflu uiey snail in
no manner relieve the contractor of responsibility for defective � ` '
workmanship or material. t '
3. Estimates for Progress Payments r
v' t+
The estimates upon which progress payments are based are not
represented to be accurate estimates, and all quantities shown :
,r therein are subject to correction in the final estimate. If the
t contractor uses such estimates as a basis for making payments to
,g3
........ subcontractors, this is at the contractor's own risk, and the
contractor shall bear all loss that may result.
40.035 Final Inspection{ORS 279.43 (71!
1. Notification of Completion _
When the contractor determines that all construction work on the
F project has been completed,the contractor shall so notify the City,
r in writing. The City shall make an inspection of the project and >
E, - project records within 15 days of receiving said notice. If, at such
inspection, all construction provided for and ordered under the
contract is complete and satisfactory to the City, and all =� '
certifications, bills, forms and documents have been submitted F
b properly,such inspection shall constitute the final inspection.
t, 2. Instructions to Complete the Work £
z If,however,at any inspection,any work in whole or in part is found
unsatisfactory, or it is found that all certifications, bills, forms and :
4 �F :y documents have not been submitted properly, the City shall within
"+ 15 days provide instructions to the contractor on outstanding
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requirements to complete the project. At such time as the
} contractor determ ncr full compliance with, and the Uxecufion of r
such instructions,the contractor shall notify the City in writing. Thee
F I City shall make another inspection within 15 days after such noticew 5 ;
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and this inspection shall constitute the final inspection provided 1
3 x ' construction work has been completed satisfactorily. .
3. Acknowledgment of Acceptance # r ,
�...Lyk�................. `__ � I Innn CAfigf?rtnN rmmnlotinn of all Wnrk mnz,-rnA ,i A— tho
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E contract, the City shall acknowledge acceptance of thR work iin
# writing. OW77
t 40.040 Final Estimate and Final Payment(ORS 279.43%
t 1. Submission of Final Estimate '
3 f i As soon as practicable after final inspection of the work under the
' contract,if unit prices were applicable,the City shall prepare a finals �a
estimate of the quantities of the various classes of work performed. . "H
hfi Following a determination of the total amount due the contractor,
and following final acceptance of the work by the City, final ,
k payment shall be made to the contractor. F
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2. Set-off of Prior Payments a
All prior partial estimates and payments shall be subject to ,
zcorrection in the final estimate and payment.
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3. Interest a
` Beginning 30 days after the date of final acceptance of the project a
' by the City,the City shall pay to the contractor interest at the rate '
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established by State statute on any money due and payable to the
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Y' contractor.ORS 279.435(7)
5
40.045 Claims for Unpaid Labor or ft Ip ies '
1. Right of Action � � ;
As provided in ORS 279.526, a person claiming to have supplied
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labor or materials for work on a public improvement contract let byrY
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3 t the City for which the person has not been paid by the primer$H b
{ contractor or any subcontractor, has a right of action on the
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contractor's bond. This right arises if the person has not been paid
in full and has given written notice of a claim pursuant to ORS
279.528 within 120 days of last providing labor or furnishing
materials, or within 150 days of providing labor or furnishing
materials if the claim is for a required contribution to a fund of any
employee benefit flan a •
'M � 2. Notice of Claim . —
a. To initiate a claim against the contractor's bond, a person +
should file a Notice of Claim in the form and manner attached
` as Exhibit A. Such notice must be given to the contractor
and the City Purchasing Specialist. g
b. Any notice of claim should include the following information: `
(1) Name and address of the claimant;
(2) Name of prime contractor; `Y
IIIN (3) Title of project and contract date;
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(4) Name of the City; `
r (5) Name of banding company (may be obtained from b v
a City);and .
(6) Name of contractor or subcontractor to whom labor or r
k material supplied. °
r » 3. Response to Notice of Claim g
Upon receipt of such Notice of Claim,the City shall:
a. Send acknowledgment to claimant; }
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�'S b. Send copy of notice to prime contractor;and
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C. File copy of Notice with bonding(surety)company.
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If the contract has been compieieu and e!!funds disbursed'to the
k � prime contractor,all claims shall be referred to the surety companyOT6 r
for resolution. The City shall not arrange for second payments ` r�
directly to subcontractors or Snnnfip.c f_ „ *� - s
5, a��auy Ndiu for by t. �..
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F 5. Discretionary Payment of Claim p
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If the contract is still in force,the City may,in accordance with ORS
Z'X!Zi�li`11 _ 279.3i4, pay a valid claim to the narsan fu nighing the labor or t '"
g services and charge the amount of the payment against funds due _ r
or to become due to the contractor under the contract.
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6. Liability of Claim "
gK , If the City chooses to make such a payment as provided in ORS
r} 279.314, the contractor or the contractor's surety shall not be �� _n
relieved from obligation wi±h respect to any unpaid claims.
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40.045
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� To: (insert name of the public body)
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NOTICE IS HEREBY GIVEN that the undersigned, (insert name of subcontractor
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or supplier),a(corporation,partnership,sole proprietorship,etc.),as claimant,has a claim
for(labor performed by the claimant, materials supplied by the claimant, etc.),generally
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f consisting of(brief description)in the sum of$ against the bond taken from
� s (name of prime contractor),as principal,and (name of bonding company), as surety,for '
NA'•:J'�".'•+"3' 'W t•h. 't lee�f rojectN of/n�mc pf ananevl (cifitl (lronnn .a;d cotr8
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'111001
dated(insert date)by and between the public agency, as Agent of the State,and (name '
of prime contractor),as Contractor.
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f (Insert a brief description of the work concerning which the bond was taken.)
j DATED this day of 19_.
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(claimant's name and title)
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u� AR 50.000 WAIVER OF SECURITY BID AND PERFORMANCE BOND - •
` (Also see AR 30.035) ti
—Z _.+. 50,010 Bid Secur ly
z The City may, in its discretion, waive the bid security requirements of ( ��
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ORS 279.027 for contracts other than those for public improvements. (In k � '
its discretion, the City may accept blanket bid bonds.) t
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__ Co^�r'it7ac" Under 510.000
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m 7 The City may, in its discretion, waive the bid security requirements of
r < h ORS 279.027 and performance bond requirements of ORS 279.029 if then
f amount of the contract for the public improvement is less than$10,000. §
i 50.030 m rgina Small Businesg Contracts Under$100.000
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1. The City may, in its discretion, pursuant to ORS 279.033 and this ��
4 rule,waive the bid security requirements of ORS 279.027 and the ;
M performance bond requirements of ORS 279.029 when the pubic `
improvement project:
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a.
Has estimated direct construction costs not exceeding
$100,000;
b. Is being undertaken through a program where the bidders
are drawn exclusively from a list of certified Emerging Smallr '
Businesses maintained by the Advocate for Minority,Women t
and Emerging Small Business;and
4 � �
C. The City has been provided funds by the legislature for the <
z 1 purpose of assisting Emerging Small Businesses. a
¢ 2. The City may waive bid security requirements and/or the
performance bond requirements pursuant to this rule under the
following conditions: „,
f a. There exists an emerging small business account or like #
s source of funds containingan unexpended and unobli ated
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balance; Wn
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a z b. The City has authority to encumber and make payments from r.
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C. The City encumbers an amount in the account to cover the
total cost of each prc,iect,...,h,rc;n the bid
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performance bond is waived.VM
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AR 60.000 PROPERTY UIJrv�i
ams x0.005 Surplus Personal Progeny '
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1. Personal property owned by the City may be disposed of only a„e,
4� being declared surplus by the City Administrator or designee. The
method of disposal will be determined based on condition, value,
and/or use. ;
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"^av 2. Personal property may be declared surplus by the City
E ` Administrator or designee if it is scheduled for replacement in an
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f adopted budget or it is no longer necessary to provide City
t 3w r;F services.
60.010 Auction Sales of Personal Properly
Personal property may be sold at auction if the City Administrator or
designee determines that the auction contemplated will probably result in
a higher net return than if the pfoperty were sold by competitive written ,
§, bid.
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60.015 Sales of Personal Property
The City may sell personal property, including recyclable or reclaimed
3 materials, without competitive bidding if it has determined that a y
4 negotiated sale will result in increased net revenue and the following g
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conditions are complied with: s
h 1. When the current market value per item is deemed to be less than
$1,000, the City may establish a selling price, schedule and Y`x`
advertise a sale date, and sell to the first qualified buyer meeting "5
the sale terms;or
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f � ! 2. When the current value per item is deemed to exceed $1,000, the £
' personal property must be offered for competitive written bid and
be advertised in accordance with ORS 279.025, or be offered for
sale at public auction in accordance with AR 60.010: If no bids are
received or if a determination is made that the market value of the ;
sx; property exceeds the offer of the highest responsible bidder, all
bids may be rejected and the City may negotiate a sale subject to
a the following conditions: `
! a. An appraisal of the market value of the property is obtained ¢� �'
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market value;or
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b. The sale amount exceeds the highest bid received through 4 �� A
' the bidding or auction process. vi
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60.020 Liquidation Sales of Personal Prooertv
The City may sell personal property through a commercially recognized
third party liquidator if the City has determined that a liquidation sale will ;
result in increased net revenue and the selection of the liquidator was
conducted as ? minimumby t competitive request-for-proposal k
F process governed by rule AR 10.110.
60.02_5 Donations of Personal Property
1. The City may transfer personal property, including recyclable or ,
reclaimed materials, without remuneration or only nominal ;
remuneration without competitive bids to the following activities: !,
a. Another public agency;
b. Any sheltered workshop, work activity center or group care
home which operates under contract or agreement with, or [ §g
grant from,any state agency and which is certified to receive
federal surplus property;or
C. Any recognized non-profit activity which is certified to receive_
federal surplus property. " dam ON r
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r r 2. The City may donate or sell, without competitive bids, surplus rri +y
personal props �+t0 recognized private non-prom social or health
service activities,subject to the following conditions:
a. A determination has been made that the property is not
and t needed for other public purposes; ;
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t R b. If the property has a current market value of$250 or more, 4 .�
t f „ the donation or sale shall:
(1) Be approved by the City Administrator or designee;and
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(2) Be documented by the City to be clearly in the public
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r '�,� � °• interest.
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C. The City determines this is the most efficient and cost-
effective method for disposing of the property. -
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3. The City shall maintain a record of all transfers,donations,or sales ;
r authorized by sections(1)and(2)of this rule. x
Rn 030 Trade of Emma!Pmnprty
v The City m::y trade personal property owned by the City to other f
government agencies or to other vendors provided the following
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conditions apply:
a'
1. Trades to other government agencies are exempt from public
bidding by AR 10.010(a); however, such trades must be approved
by the City Administrator. {
2. Trades of personal property with parties other than government
f' agencies must proceed as follows: r "
a. The market value of both the item to be traded and the item
requested must be documented.
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b. The proposal to trade an item for another item must be made
available to an adequate number of potential vendors to t
x :terb
.��s� � encourage competition.
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+ gY 3 C. Such trades must be approved by the City Administrator.
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AR 70.000 PERSONAL SERVICES COf:T,� CT ' t' r
70.010 Personal_Services Contracts
t 1. Personal service contracts are not, according to the definition of
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"public contract" in ORS 279.011(5,) subject to the competitive {f ;' 2.,,',,�
bidding provisions of ORS Chapter 279. Pursuant to ORS
279.051(2),this rule describes a method for distinguishing between
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a personal service contracts and public contracts,particularly services fix '
cnu Niuvide examples of contracts or classes of
contracts which are or are not personal service contracts.
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2 The City may, subject to an analysis and determination of r
appropriateness in accordance with subsection(2)(a)through(c)of
this rule,enter into a personal service contract with an independent
'4 competitive g
cons-ctor without com ti,re biddin under ORS Chapter 279 s �«
when the City needs to have a service performed which require
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the contractor to exercise a high degree of technical skill or
professional judgment and expertise: s 1 �
a. The nature of the tasks to be performed, the needs of the
City, and the interests of the public form the basis for
distinguishing between personal service contracts and public ,
contracts. Hence,if: r '�
(1) The City requires a product or service for which the City
has developed or is reasonably able to develop,
respectively, adequate design and/or performance
specifications;and
(2) Selecting a contractor on the basis of lowest price °
} would be likely to meet the City's needs,then the tasks uefr
should be performed pursuant to a public contract let in
accordance with competitive bidding provisions of ORS r '2
Chapter 279. Conversely, if the City is reasonably
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unable to develop adequate design and/or performance �' fa
F y.
specifications but must instead have the assistance of
the contractors training, knowledge, and expertise to 4 §
develop a scope of work statement and selecting the
contractor on the basis of lowest price would be unlikely `
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to meet the City's needs, then the tasks would most n, s
appropriately be performed under a personal service
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contract. a
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entered into nhac orrdan el with'thecprovisions,as the �be
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may be, of ORS 291.021 or 279.712(2). In - g
ram A" determining whether the City's needs will be met 3 g R,-_,.g
4` t through award of a personal service contract ratherx � E
Y G than a public contract,the City should consider whether
3 € selecting the contractor on the basis of qualifications k , r
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r � rather than lowest price will result in the City obtaining
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b. A personal service contract is appropriate where the contract �° '�
is awarded primarily on the basis of t e co..'ractoma
f qualifications, including but not limited to, such criteria as k
S experience,training, knowledge and expertise,technical skill, t
creativity, artistic ability, performance history, and
demonstrated ability to exercise sound professional ti
judgment. Price will be, at most, a secondary criterion for �: '
} awarding a personal service contract. ,
r r_., A personal service contract is not appropriate where price is g
or should be the primary selection criterion. A public
contract, in contrast to a personal service contract, will be
awarded primarily on the basis of price; criteria such as
' experience,training, knowledge and expertise,technical skill,
creativity, artistic ability, performance history, and
' demonstrated ability to exercise sound professional {*
judgment, which may be taken into account during the
selection process, will be of only secondary importance. 4 n
Unless otherwise statutorly excepted, a public contract must F
be awarded based on:
f (1) Competitive bidding pursuant to ORS 279.015(1);or
k (2) An alternative competitive process under ORS '
279.015(2).
+s 3. Personal service contracts may include, but are not limited to, the
following: P
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"x.jam a. Contracts for services performed as an independent : ? •
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contractor in the professional capacity, including but not ,
MIRY limited to the services of an accountant; attorney; .5w £"
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rh s architectural or land use planning consultant; physician or
r � s dentist; registered professional engineer; appraiser or •
surveyor;aerial photographer,timber cruiser,broadcaster;or
data processing consultant.
b. Contracts for services as an artist in the performing or fine
arts, including but not limited to photographer, film-maker; 5
painter;weaver; or sculptor. sa
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C.
Contracts for services of a specialized creative and research
oriented,noncommercial nature. a,
d. Contracts for services as a consultant. x x
e. Contracts for educational and human custodial care services. � =
t 4. The following are NOT personal service contracts:
a. Contracts, even though in a professional capacity, if
predominately for a product,e.g.,a contract with a landscape
architect to design a garden is for personal services, but a }
contract to design a garden and supply all the shrubs and
trees is predominately a tangible product.
b. A service contract, including a contract with a temporary %
service or personnel agency, to supply labor which is of a
type that can generally be done by any competent worker, '
e.g., data entry, key punch, janitorial, security guard, crowd
r management, crop spraying, laundry, and landscapef' F
maintenance service contracts. ,..4
,r
C. Contracts for trade related activities considered to be labor '_
a and material contracts.
d. Contracts for services of a trade-related activity, to
x w accomplish routine, continuing, and necessary functions,
even though a specific license is required to engage in the
r 1 activity. Examples are repair and/or maintenance of all types
x of equipment or structures. '
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70.020 Screening and Selection Policy for Personal Services Contracts
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1. It is the City's policy to select as expeditiously as possible the best Y ,
qualified consultant available. The City has, therefore,established
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' the following selectionprocedures: n
rt r a. Formal Selection Procedure
" This procedure will be used whenever professional servicesElk
3-saff= of the type governed by this rule are reouired and tha
Y , estimated fee to the consultant exceeds$25,000. Exceptions -
L
to this procedures is specified under subsection 111 of t6;-
section.
6•section. The City may on smaller projects elect to use the ;
Formal Selection Procedures whenever it determines that it
would be prudent and advantageous to do so.
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(1) Announcement
The City will make at least one public announcement of
its need for personal services in an appropriate trade
periodical or newspaper of general circulation. The
announcement shall include a description of then
proposed project, the scope of the services required, "
K project completion dates, and a description of any _. '
3 special requirements, if present. The announcement r '_
shall invite qualified prospective contractors to indicate ..;
to the requesting department their interest in performing ``
the services required. The announcement will specify a
closing date by which the statement must be received
by the appropriate department. tF k
(2) Appli
catl0n
Prospective contractors must submit a statement which ` `
describes their capabilities, credentials, and
performance data sufficient to establish their t
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qualification for the project
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ky (3) Initial Screening y
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* kEThe Department Head or designee shall evaluate the
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qualifications of all applicants responding to the +
s; announcement by the closing date, and select from
among the respondents a minimum of three 's .
prospective contractors whose statements evidence the k° k�
} highest level of qualification. Should fewer than three h r
g
r statements be received, then each prospective `
contractor submitting a statement which meets the }
E
r department's minimum qualifications will be r+ `
interviewed. " r
f (4) Final Selection Procedure
1 (a) Interviews
(i) The Department Head or designee will }v s e
hold discussions with the three finalists
selected for initial screening. Applicant
capability, experience, and compensation
requirements shall determine the
department's final selection.
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(M Award of Contracts
The Department Head or designee shall
make the final selection and make a
reco^nmendation to the Board for award
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i of the contract to the selected consultant.
2. Informal Selection Procedure k ~M1
a. This procedure may be used when the estimated fee to ?
the consultant does not exceed $25,000 or at the
s Department Head's ar designee's aiscretion, when the
project consists of work which has been substantially
described, planned, or otherwise previously studied
or "g,
rendered in an earlier departmental contract, provided
that the original selection procedure used for the project
was a formal procedure. This procedure shall not be
r .
used when the estimated fee to a consultant firm V
' exceeds$25,000,except by specific written approval of
the City Administrator or designee.
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a� c b. Selectionyn-
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ri The department will contact a minimum of three ,
prospective contractors with which it has had previous ��- , i
successful experience or which are known by the '
7 s department to be qualified to offer the sought-after ? � ,
services. A projected fee will be requested and aME
selection made by the Department Head or designee ,'_ .
based upon the consultants capability, experience,
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3. Emergency Appointment Procedure
` E Nothing in this rule shall be inferred to prohibit or otherwise
impede the Department Head's or designee's right to make 4;t'
direct consultant appointments when conditions require ank
prompt action to protect life or property. In such instance,the
recommended appointment and a written description of the s
conditions requiring the use of this appointment procedure
shall be submitted by the Department Head or designee to r , .
x the City Administrator or designee for action. The City `
` Administrator or designee will determine if an emergency 4
exists, declare the emergency and, when appropriate,
approve the appointment. ' .
b
4. Responsible Parties'Actions
a Professional Consultant.
(1) Submit qualifications, credentials, and
performance data relating to their capabilities to
the appropriate division in response to project h t
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announcement.
k `y b. Division/Department4 �
d/ x (1) Determine that the work on a project requires the
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services of a consultant.
(2) Announce project as required by this section. z �.
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(3) Request the City Administrator's approval of the ` e
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required actions. t
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(4) Determine appropriate selection/appointment
rv, procedure.
(5) Select consultant/candidates as specified under ,.
this rule.
�ss� + (tj) interview the top Gailuwalca and Blanc tuc noel
I selection.
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I (7) Execute contracts and awards to consultants,
t ! :'ith the Ci Administrator's prior approval.
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(8) Maintain a file on the selection process.
(i) The method and copy of announcement.
The names of firmstndividuals and cost ��
estimates considered.
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(iii) A justification of need for the contract. Q
r (iv) The basis for selection
(v) Rationale by which rates weretM
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(vi) How reasonableness of price was
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(vii) A copy of the resulting contract.
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C. City Administrator
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necessary.
r (2) Makes direct and emergency appointments are
�u required.
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amount of the contract requires the Board'sf�
4 approval.
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i 80.010 Emergenzy Contracts Y k
1. Pursuant to ORS 279.015(3)(a) and ( ), the City 4 �,-Ar
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Administrator of rlaeinnag may, in !he Ad,
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N. designee's discretion,authorize or let public contracts without ` ' .
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competitive bidding if an emergency exists and the
emergency consists of circumstances creating a substantial
rick of loss,damage,interruption of service,or threat to public ��17
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health or safety that could not have been reasonably .
foreseen and requires prompt execution of a contract
to ,
remedy the condition. 7" R
rG 2. The City Administrator or designee must declare the p
existence of an emergency, which shall authorize the City to
+ enter into an emergency contract with a price under$25,000 x` a
and make detailed written findings describing the emergency },
conditions necessitating prompt execution of the contract. A -
copy of the findings together with the amount of the contract � T
} 4 and the name of the contractor shall be immediately
forwarded by the City Administrator to the Board.
3. Any contract awarded under this exemption shall be awarded
y within 60 days following declaration of the emergency unless r
an extension is granted pursuant to ORS 279.015(4). n
80.012 Emergency Contracts Under ORS 279.015(2)
1. The City may enter into a public contract without competitive
bidding when circumstances that could not reasonably be
.,,. anticipated, require prompt establishment and performance of the
r contract in order to preserve public funds, property, or the
k uninterrupted provision of government services. In exercising its y
authority under this class exemption (ORS 279.015(2)), the City
shall: ,
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a. To the extent reasonable under the circumstances,
r encourage competition by attempting to make informal
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t solicitations or to obtain informal quotes from potentia! ' -
suppliers of goods or services;
fF b. Make written findings describing the circumstances that C x
`k 1 require the prompt performance of the contract and of they
harm anticipated to result from failing to establish the
contract on an expedited basis;and
C. Record the measures taken under subsection n (a) of this
section to encourage competition,the amounts of the quotes
4 or proposa•.s obtained,if any,and the reason for selecting the
contractor.
2. The City shall not contract pursuant to the exemption in the 4 `
4i absence of a substantial risk of loss, damage, or interruption of a '
services that would occur if contract performance awaited the time w� "
y necessary, given the complexity of the project, to solicit, receive z.: and analyze bids or proposals. N,
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80.015 Specific Exemptions
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a 1. The City may apply to the Board for a ruling under A',00.020 k
through 80.050 exempting a particular contract or contracts
from competitive bidding requirements of ORS 279.015 which Qw
* are not otherwise exempted under these rules. The
application shall contain the following information: ? v
4 a. The nature of the project; {
b. Estimated cost of the project; r
C. A narrative description of the cost savings anticipated
1 by the exemption from competitive bidding and the r
reasons competitive bidding would be inappropriate; '.
}a d. Proposed alternative contraction and purchasing
' practices to be employed;and
IN,� r e. The estimated date by which it would be necessary to
let the contract.
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2. The Board may require such additional information as it
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deems necessary to determine whether a specific contract is a
to be exempt from competitive bidding. ��
3 3. Subject to ORS 279.015(5)(b),the Board may exempt certain 4 Yap
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x P,-,+Iin contracts or classes of public contracts from the
t s,; competitive bidding requiremniLG cf �W 30.005 upon
{ approval of the following findings: -- :
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* a. It is unlikely that such exemption wiii encourage ;
4 favoritism in the awarding of public contracts or
x substantially diminish competition for public contracts;
and
b. The awarding of public contracts pursuant to the
exemption will result in substantial cost savings to the ,
City. In making such finding, the Board may consideryr
the type, cost, amount of the contract, number of
persons available to bid,and such other factors as may 4
be deemed appropriate.
ti 4. In granting exemptions pursuant to subsection 3(a)and(b)of ,
this section,the Board shall "
a= Where appropriate direct the use of alternate
contracting and purchasing practices that take account
of market realities and modern or innovative contracting
r and purchasing methods, which are also consistent ,
¢ with the public policy of encouraging competition. ,
s b. Require and approve or disapprove written findings by E
the City that support the awarding of a particular public
r contract or class of public contracts, without the r v
" # competitive requirements of AR 30.005. The findings )
E must show that the exemption of a contract or class of
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3 f contracts complies with the requirements of subsection �
3(a)and(b)of this section.
r 80.020 Notice Of Application ..
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'i Upon receipt of an application for an exemption ruling under AR " , �
80.015 or AR 20.040, the Chairperson of the Board shall set the a 3�� r
matter for public hearing to receive data,views,and arguments and
- shall cause a notice of intention to adopt an order to be posted in
" 4 h full public view in the City Hall and shall publish notice of the
4 , intention to adopt the order in a newspaper of general circulation at �` a
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# least seven(7)days prior to the hearing. r
$0.030 Board Hearing
y The application will be placed on We buard's ayenua '..T ! n
` Board meeting, and, in the exercise of discretion, the Chairperson �r
z may also set additional public meetings to receive data,views and
arguments.
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80.040 Temporgy Rules Exemptions
In appropriate cases, the Chairperson of the Roard ,;,ay grant a
temporary excmpuun from public bidding pending formal
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consideration of a specific exemption.
80,050 Unanimous Consent Calendar
The Chairperson of the Board may, in the exercise of discretion ,
notify the members of the Board that an application for exemption d� .
has been made and that if no objections are received to the 9r '
exemption from the members of the Board within seven(7)days of
r the Chairperson's notice the exemption will be considered granted
by unanimous consent and the Chairperson may in the exercise of
discretion, deem the exemption adopted as a temporary rule.
Exemptions so adopted will be placed on the Board's agenda as a
unanimous consent calendar for ratification or adoption as a
permanent rule by the Board at the next meeting of the Board " ,
AR 90.000 RECYCLABLE/RECYCLED PURCHASING GUIDELINES
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90.010 Recycled Materials and Products Guidelines
t` z The City shall make every effort to prefer, specify, and purchase -
recyclable items and materials with recycled content in accordance with
ORS 279.545 and ORS 279.550.
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,� r Incentives,pursuant to ORS 279.555(1)(b),for recycled materials shall be
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s applied whenever economically feasible. `"
A preference of 5% shall be applied for materials and supplies + _
}t r manufactured from recycled materials,as provided in AR 90-011 with the
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exception of recycled paper and paper products, which receive a higher
preference percentage stated in AR 90.012.
The bidder or proposer shall indicate in its bid or proposal,the materials itZ{ � r
r a considers relevant to the 5% preference. The 5% preference will only i
� r - x j::j::;y '-!�;^.`�!�`_'cf that nertinn of a bid or proposal that offers products
' containing verifiable recycled contents.
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90.011 Recycled Materials Preference
1. Bidders and proposers,in their bids and proposals,shall certify the I
minimum, if not exact percentage of recycled product in all T �
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materials and supplies offered and both the past-consumer and
secondary waste content thereof, regardless whether the products
meet the percentage of recycled material specified for recycled
t 4 products in ORS 279.545. Bidders and proposers may certify a s -
zero percent recycled product content. This certification applies to
public improvement products and all other procurements, except J _
those which are subject to the preference provisions of ORS +
279.580 to 279.650. r ,
2. To be eligible for a preference under ORS 279.570:
a. the bidder or proposer must indicate which materials and }
' supplies contain verifiable recycled content;and
a
b. such products must meet the requirements of ORS [ r
279.570(a)through(d). { x
3. A preference under ORS 279.570 will only be applied to thati�,i
portion of a bid or proposal which offers products containing r ~
verifiable recycled content.
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4. Bids that contain false information about the percentage of recycled .
h ax product, post-consumer and secondary waste content, and { `
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verifiable recycled content shall be rejected as nonresponsive, in d � •
accordance with AR 30.0 3. k M
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5. Contracts awarded as a result of a preference under ORS 279.570
are subject to such investigation,including but not limited to,audits, t r
plant visitations, examination of invoices and other documents,
`t etc., as the City deems necessary to confirm that the products E rvf r �
supplied therein contain the percentages of recycled product,post-
consumer and secondary waste stated in the bid or proposal. ;
6. Failure to provide products containing the percentages of recylcedk a
product,post-consumer and secondary waste stated in the bid maySr
a. the contractor reimbursing the City for the portion of theme .
contract price which is attributable to the preference applied
under ORS 279.570,and; t'
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�r b. contract termination;or r _
C. both (a) and (b) or such other remedies the City deems `
i appropriate.
90.012 Recycled Materials and Products Purchasing Guidelinesa
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k fi 1. Purchase of Paper Products
The City promotes the use of recycled paper and paper products. "
Purchase of recycled paper and paper products is preferred even
,.
xf s when the cost of the such recycled paper or paper products is up to � T.
1 seven percent(7%)higher than the cost of the same quality paper
1 or paper products containing little or no recycled paper. "Recycled
paper"shall be defined as a paper product with not less than fifty
percent (50%) of its total weight consisting of secondary waste
+ materials or twenty five percent(25%)of its total weight consisting
r� of post-consumer waste. f;
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` a. In the specification and purchase of City high speed copier °
and small offset press application paper and fine printing ' s z
paper including book, bond, cover, gum, index, bristols,
y,
a boards,ledger,and duplicator papers:
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(1) The City shall use recycled paper wherever possible if WN g. •
available and compatible with existing printing andMV
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t S< (2) The City shall try to eliminate excessive or unnecessary x � `
w paper use,including but not limited to over-purchase of
paper,over-printing of materials, purchases of too high
a grade of paper, purchase of paper which is not
f recyclable,and purchase of virgin paper when.recycled
' r paper is available in the same grade; E
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(3) Procurement specifications for the purchase of new - *'
Nfiniif'iy e11J :, ,:'y'; y ..yiiiliil ia.it oiYali icyund IIIC =- �`�- `�
acceptance and operational use of recycled paper and
shall be capable of two-sided copying; A �
(4) The procurement of unbleached, recycled paper is d
encouraged and the use of bright, hard to bleach
colored or otherwise non recyclable papers shall be a
discnuraoed;and
' (5) In the specification and purchase of other paper items V
r 0 including corrugated and fiberboard boxes, folding1
boxboard and cartons, stationary, envelopes,legal and -
scratch pads, manifold business forms (including
computer paper), toilet tissue, paper towels, facial
tissue,paper napkins and industrial wipers, and brown ,
and coarse papers, the City shall actively solicit k
information from vendors with regard to the availability
of other paper products(as listed above)with recycled
z paper content and promote its use.
2. Purchase.of Composted Waste Materials r k
5
In the specification and purchase of landscape cover, soil a �
Yst amendment,and fill materials:
(1) The City shall eliminate from procurement4.
specifications any exclusions or barriers to the y rx §k -
purchase of recycled compost materials except for
exclusions based upon plant or human health or safety; _ t
and
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(2) The City qhqlt make every, effort to utifize and spre-cify
V, functionally equivalent composted waste products in
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the place of products manufactured from virgin
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3. Purchase of Retread Tires
In the specification and purchase of tires for vehicles and W
equipment in the Citv fleet-
The City shall make every reasonable effort to utilize
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retread tir _s in the place of tires manufactured
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virgin materials where technical requirements will aflow;
and
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-Z (2) The City shall give preference to the purchase of
retrpqr--1 tirees to the miaximium exient possible within the
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intended use of the product taking the following into
consideration:
(a) The product is unable to meet the City's
specifications(e.g.,emergency response vehicles
and heavy equipment);
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(b) The product is not available within specified
delivery schedules;and
(e) The product is not price competitive.
4. Purchase of Re-refined Petroleum Products
0102�7 In flk�f of lubr;cal;,-,,-oils for vch;cles and eciWorriontin the
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City fleet:
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(1) The City shall make every reasonable effort to utilize
lubricating oils with re-refined oil content unless:
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(a) The product does not meet performance
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,� equipment manufacturer and related warranties �' ���������, •
wouldwouldb_be vuidt7lA,and
(b) The product is found to not be economically or , Y;
' } technically feasible. r.
(2) The City shall review current procurement �r� `
specifications in order to eliminate (wherever
economically and technically feasible) any exclusion of
4 L' lubricants refined from recycled waste materials over
4 z that of virgin materials. c 4f
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5. Purchase of Building Insulation Products
In the specification and purchase of building insulation products:
�Fn (1) The City shall make every effort to prefer, specify and
purchase insulation products manufactured from
t „y, recovered or recycled materials for maintenance and
# M repair operations, building construction projects and
c work or projects which are let to private contractors;
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(2) A decision not to purchase insulation products with the � x
highest percentage of recovered material content shall
be based upon a determination that such products: , -
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(a) Are not available within a reasonable period of
-� time;
(b) Are not available at a reasonable price;and/or F �
k (c) Fail to meet reasonable performance standards
set forth in applicable specifications.
6. Purchase of Recyclable Plastic Products
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In the specification and purchase of disposable food service
� - products and bags:
' (1) The City shall specify and utilize products which are
Xf _, exclusively recyclable where available and locally cw � ¢
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marketed. Preference shall be given to products
manufactured from materiais which are readily .
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� recyclable with developed recycling markets andk �r �
� processes;and01
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(2) City employees in all departments shall use washable '`
' G beverage cups and other food serviceware in the place '
of disposable items wherever possible. Disposable �'L ...
nuns and lilcan-ile'h U ti-. ., -+ �- - - ...;�
---' ..__ prurlanry ur meetings
and department guests. ` ""
7. Recycling/Reuse a
A k�+ The City shall also recycle or reuse materials and supplies of M
U W, purchases as riiucii as possible. Following is a listing of some
1 F;1 basic items which shall be recycled or reused: paper, cardboard,
scrap metal, tires, lubricants and solvents, lead acid batteries, 6
fi f roadside brush and chipped wood waste, plastic materials, and
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surplus property. '
sbkpurchaselpur les
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