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Ordinance No. 85-06 CITY OF TIGARD, OREGON CITY COUNCIL ACTING AS THE LOCAL CONTRACT REVIEW BOARD ORDINANCE NO. 85-- AN ORDINANCE REPEALING ORDINANCE NO. 83-63 AND ADOPTING RULES OF THE CITY OF TIGARD LOCAL CONTRACT REVIEW BOARD FOR THE AWARDING OF PUBLIC CONTRACTS, AND DECLARING AN EMERGENCY. WHEREAS, the 1983 Oregon Legislature enacted legislation calling upon the Attorney General to prepare and maintain model rules of procedures for Contract Review Boards; and WHEREAS, the Tigard City Council finds it necessary and desirable to modify the City's Rules to be in conformance with the Attorney General's model. NOW, "THEREFORE, THE CITY OF 'TIGARD ORDAINS AS FOLLOWS: Section 1_:_, The Tigard City Council, acting as the Local Contract Review Board, does hereby repeal Ordinance No. 83-63 in its entirety and adopts the attached "ExhibiL A" au the new Local C retract Ravle'w d .�Board R�uic 'which is consistent with the Attorney General's model rules, v Section 2: The Tigard City Council further directs the City Recorder to file t this document and any future revisions with the Washington County Board of Commissioners pursuant to ORS 279.055. Section 3�, This ordinance is necessary for the immediate preservmtion of the public health, safety and welfare in order to establish rules consistent with the rules of the State Public Contract Review Board and model rules as prepared by the Attorney General to reduce the potential for costly litigation and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage by the Council and approval by the Mayor. PASSED: By t pd1�in �?` vote of all Council members present after being read by number and title only, this —�.__ day of -u-1985. ax� Lkyty Recorder City of Tigard APPROVED: This day of `-csZz a 1985, yor - City of Tigard APPROVED AS TO FORA: F` City Attdrney ORDINANCE NO, 85— 0698F/laa r 4• "EXHIBIT A" {` CITY OF TIGARD LOCAL CONTRACT REVIEW BOARD RULES The following administrative rules (AR) have been adopted by the City Council acting as the Local Contract Review Board and are effective February 11, 1985. These rules have been adopted pursuant to the authority granted to the Board by Ordinance No. 85-0.4—. The rules shall apply to all contracting, purchasing and selling of property or professional services by the City of Tigard. TABLE OF CONTENTS 10.000 Contracts Exempt From Competitive Bidding And Requirements Contracts 1(1.010 Fxem,ptic.ng ane. nafinitions 10.015 Exemption of Contracts Under Certain Dollar Amounts 10.020Contracts for Price Regulated Items 10.025 Copyrighted Materials r` 10.030 Library Aggregate Purchases — Library Periodicals y 10.035 Advertising Contracts 10.040 Equipment Maintenance Repair and Overhaul. 10.045 Purchases of Used Personal Property 10.050 Purchases Under Established Requirements Contracts 10.055 Gasoline, Diesel Fuel, Heating Oil, Lubricants and Asphalts 10.060 Requirements Contracts 1.0.055 Investment Contracts 1.0.070 insurance Contracts 10.075 Employee Benefit Insurance 10.080 Data and Mord Processing Contracts 10.081 elecoff-imunica:tions Systems Contracts to.082 `felecu,.�mun cations Services and Equipment 10.083 Office Copier Purchases 10.085 Single Seller of Prrduct Required 10.090 Contract Amerdmen+s 10.100 Affirmative Action Contracts r 10.105 Life Cycle Cost Analysis ` 10.110 Request for Proposal 2 V 20.000 Brand_ Names Or Clarks 20.010 Specification of Particular Brand Names or Products 20.020 Copyrighted Materials 20.030 Single Manufacturer or Compatible Products 20,040 Product Prequalification 30,000 Public Bidding Procedures 30.002 Definitions 30.005 Competitive Bidding 30.010 Bid Documents ay.015 Public Notice 30.020 Bid Preparation 30.025 Bidder Prequalification 30.030 Bidder Submissions t 30.035 Bid Security ` 30.040 Pre.-Bid Conferences 30.045 Brand Name Products ` 30.050 Protest of Bid Specifications ` 30.055 Addenda to Bid Documents 30.060 Pre-Opening Modification or Withdrawal of Bids 30.065 Receipt, Opening, and Recording of Bids rs 30.070 Late Bids, tate Withdrawals, and late MOdifi,cations 30.075 Mistakes in Bids ° 30.090 Time for Accep'_�,r,ce 30.065 Extensio:- if Time for Acceptance of Bid 30.090 Bid Evaluation and Award 30.095 Low Tie Bids 30.100 Rejection of Individual Bids or Proposals 30.105 Negotiation with Bidders Prohibited 30.110 Bidder Disqualification 30.115 Cancellation of Invitations to Bird 30.120 Disposition of Bads or Proposals if Bid Cancelled 30.1.25 Documentation of Award $ 30.130 Foreign Contractor 30.135 Availability of Award Decisions Contract Retention ` 30.140 Performance Security ' t 3 30.145 Right to Audit Records f' 30.150 Right to Inspect Plants 30.155 Contract Cancellation Procedures 40 Public Improvement Contracts 40.000 Application 40.005 Competitive Bidding 40.010 Public Notices 40.015 Bid Evalu&tion and Award 40,oio Contract Cancellation Procedures 40.026 Retainage � 40.030 Progress Payments 40.035 Final Inspection 40.040 Final Estimate and Final Payment 40.045 Claims for Unpaid Labor or Supplies l 50.000 Waiver Of Security Bid And Performance Bond 50.010 Bid Security Requirements 50.020 Contracts Under $sv,000 60.000 Property Disposition 50.010 Auction Sales of Personal Property 50.015 Sales of Personal Property 50.020 Liquidation Sales of Personal Property 60.025 Donations of Personal Property 70.000 Personal Services Contract 70.010 Personal Services Contracts 80.000 Procedures 80.010 Rules Of Procedure 80.015 Meetings 80.020 Reports 80.02.5 Notice Of Rule Amendment, Adoption, Repeal 80.030 Meeting Agenda ,?: r. 4 90,000 Emergency Contracts; Specific cxemt9""i�n Requests,; Board Exception Procedures, Temporary exceptions 90,010 Emergency Contracts 90.015 Specific Exemptions 90,020 Brand Name Or Mark Exemptions 90,025 Conditions Of Brand Name Exemptions 90.030 Notice Of Application 90,035 Board Hearing 90.040 Temporary Rules Exemptions 90.045 Unanimous Consent Calendar s ol xa s f TIGARD LOCAL CONTRACT REVIEW BOARD ADMINISTRATIVE RULES AR 10.000 CONTRACTS EXEMPT FROM COMPETITIVE BIDDING AND REQUIREMENTS CONTRACTS. 10.010 Exemptions And Definitions. All public contracts shall be based upon competitive bidding except the following: a. Contracts made with other public agencies or the federal government. b. Contracts which are exclusively for personal services as defined in Section 70.000. Such contracts may include incidental materials such as wrLten reports architectural r or engineering renderings and similar supplemental materials. c. Contracts specifically exempt under these rules; 10.015 Exemption Of Contracts Under Certain Dollar Amounts 10,020 Contracts For Price Regulated Items 10,025 Copyrighted Materials _? 10.030 Library Aggregate Purchases 10.035 Advertising Contracts 10.040 Equipment Maintenance Repair And Overhaul 10.045 Purchase of Used Personal Property 10.050 Purchases tinder Established Requirements Contracts 10.055 Gasoline, Diesel Fuel, Heating, Oil, Lubricants And Asphalt „3 10,050 Requirements Contracts 10,065 Investment Contracts F 10.070 Insurance Contracts 10.075 Employee Benefit Insurance 10.080 V_ata and Word Processing Contracts 10.081 Telecommunications Systems Contracts 10.082 Telecommunications Services and Equipment 10.083 Office Copier Purchases 10.095 Single Sel?erContracts 10.090 Contract Amendments (Including Change Orders And Extra Work) 10.100 Affirmative Action Contracts 10.105 Life Cycle Cost Analysis 10,110 Request for Proposal d. As used in this section; (Y) "Board" maans the City of Tigard Local Contract Review Board (2) "The City" or "City's means 'Tigard, Oregon. F (3)' °°Competitive bidding" means the solicitation by the City of competitive offers which follow the formal process f for advertising, bid and bid opening required by ORS . ' Chanter 273, and applicable rules of the City of Tigan .. Local Cwitract Review- Boar, (A) "Competitive quotes" means the solicitation of offers by the City from competing vendors. The solicitation may 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 project completion) will be the predominant award criteria. (6) "Requirements contract" means an agreement in which the vendor agrees to supply all the purchaser's requirements that arise for an item or itees within a specified time period. (7) "prise agreement" means the same as requirements contract defined above. (8) "Service" means work performed to meet a demand, especially work that is not connected with manufacturing a product:. (9) "Service contract" means a contract that calls primarily for a contractor's time and effort rather- than for an end product. z ( (10) "Request for Proposal" means the solicitation of competitive proposals, or offers, to be used as a basis for making an acquisition, or entering into a contract when specification and price will not necessarily be the ' predominant award criteria, (11) "Personal property" means everything subject to ownership which is not real property and has exchangeable value. 10.015 Exemption of Contracts Under Certain Dollar Amounts 1. The City may, in its discretion, let public contracts not to exceed $15,000 for the purchase of goods, materials, supplies and services without formal competitive bidding, if the City has determined that the awarding of the contract without formal competitive bidding will result in cost savings and the following conditions are complied with: a. 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 $1.,000, the City should, where feasibly, obtain competitive quotes. _ 7 v r c. When the amount of the contract is more than $1,000, but less than $15,000, the City shall obtain a minimum of three competitive quotes. 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 that a written record is made of the effort to obtain the quotes, 2. The City may, in its discretion, let public contracts for trade related projects, i,e. , construction, maintenance, repair, or similar labor and materials contracts without formal competitive bidding if the City has determined that the awarding of the contract without formal competitive bidding will result in cost savings and the following conditions are complied with: a. 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 $1,000, the City should, where feasible, obtain competitive quotes; c. When the amount or the contract is more than $1,000, but less than $10,000, except as provided in subsection (d) the City shall obtain a minimum of three competitive quotes. 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 that a written record is 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 more than $10,000, but less than $25,000, the City may let the contract without formal 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 Rated Items The City may, without competitive bidding, contract for- the purchase of goods or services where the rate or price for the goods or services being purchased is established by 'federal, state or local regulatory authority. 10.025 Cope�riahted i aerials If the contract is for the purchase of copyrighted materials and there is only one supplier available for such goods, the City may contract for the purchase of the goods without competitive hiddin« i 10 030 � ;brarw Ae�areaate Purchases- Librarw Periodicals rary materials for the City library pursuant a Purchases of lib restriction Of R that Q rule, are exempt from the $20,00 to the exemption , 10 aggregate re b. Purchases for the library of subscriptions for periodicals including journals, magazines, and similar publications may be made without competitive bidding. 1I0.035 Adv�rtis'in tracts purchase advert•i.sing without competitive bidding. The City may P provided by OPG Such contracts shall be awarded in the manner 279.051. 10 040 9ulkment aintena►�ce Repair And Overhaul be 1. Contracts for equipment maintenance, repair, or overhaul may let without competitive bidding, subject to the following c=nditions a. The services an cost dlor parts required are unknown andurinary eli cannot be determined without extensive pr dismantling or testing: or arts required are for sophisticatedb. The services and/or p" trained personnel are required equipment for which specially ilable from only one source, and such personnel are ava its 00, tfie ity shall ocument 2. If the contract exceeds $10,0etitive bids dor quatr�sr were procurement file the reasons why comp deemed to be impractical. 10.045 Purchases Used Personal Pro ert_y <�ay purchase used personal pr:- erty Public contracting agencieshas for $10,000 or ie,a without competsczve bidding if the agency determined that the direct purchase without competitive biddang will result in cost savings. For purchases of used personal property over $10,000, three competitive quotes shall be cotes are not available, a written record obtained. 'If three q t to obtain quotes. must be made of the attempt 1.0 050 Purchases Under Established Reauia emer�ts Cantract� fished by l�fien the price of 10.060, the City a 1 goods and services has been establ �y requirements contract pursuant to AR purchase the g ands and services from the supplier without subsequent competitive bidding. 9 '- s 11 r r 2. The City may use the requirements contract entered into by another public contracting agency when a formal interagency agreement exists between the City and the other agency. 10,055 gasoline. Oil _se Fuel. s And Ashalts The City may, without formal competitive bidding, purchase gasoline, diesel fuel, heating oil, lubricants, and asphalts subject to the following conditions: a. prior to selection of the contractor, the purchasing Agent seekscompetitive quotes from a majority of vendors in the area b. The City makes its purchase from the least expensive source, and c. The City retains written justification for the purchase made. 10.060 Requirements Contracts 1. The City may enter into requirements contracts whereby it is agreed to purchase requirements or an anticipated need at a predetermined price providing the following conditions are complied with: a. The contract must be let by competitive bidding pursuant to %f the requirements of Chapter 279, Oregen Revised Statutes and applicable rules of the City's Loral Contract Review Board. b. The term of the contract including renewals does not exceed three years. � 10.065 Investment Contracts The :City may, without competitive bidding, contract for the purpose of the investment of public funds or the borrowing of funds by the City when such investment or borrowing is Contracted pursuant to duly enacted statute, ordinance, charter or constitution. ,r 10.070 Lnzuranre Contragts 1. Contracts for insurance where either the annual or aggregate Premium exceeds $5,000 must be let by formai competitive bidding or by one of the following procedures .,. 1if .- . r l� LM 10.075 Employee Benefit Insurance t! 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 $15,000, the City shall, as a minimum, follow informal competitive procurement methods. Prior to selection of a vendor, reasonable efforts will be made to solicit proposals from three or more vendors, Justification of award shall be documented and become a public record of the agency. b. If the contract amount exceeds $15,000, the City may use the request for proposal process (AR 10,110) and shall solicit written proposals. Solicitations shall be requested from appropriate vendors appearing on lists compiled by the agency or by advertising in an appropriate trade publication of general circulation when required by statute. The City shall document the evaluation and award process, which will be part of the public record justifying the award, c. IF the amount of the contract exceeds $500,000, in addition to the requirements of subsection (1)(b) of this rule, the City shall: (1) Provide an opportunity for vendors to review requirements and, prior to submitting proposals, comment on any, specifications which they feel limit competition; F (2) Provide that residual values be considered only if they are clearly ascertainable; and (3Provide that cost of conversion will be minimized by the agency. Vendors competing in this category of procurement shall be given the opportunity to review the evaluation of their proposal before final management review and selection. If there is less than a 1% difference between the performance/cost ratio of the highest ranked proposals, appropriate consideration must be given to the procurement of equipment which will encourage competition. 10.081 Telecommunications Svstems Contracts 1. Contracts for acquisition of telecommunications system hardware and software may be let using alternate competitive procurement methods subject to the following «onw—lit-ions: s M 12 a. If the contract, amount does not exceed $15,000, the City shall as a minimum obtain competitive quotes. Prior to Q selection of a vendor reasonable efforts will be made to solicit proposals frost: three or more vendors. Justification of award shall be documented and become a public record of the agency. b. If the contract amount exceeds $15,000, the City may use the request-for-proposal process (AR 10.110) and shall solicit written proposals. Solicitations shall be requested from appropriate vendors appearing on lists compiled by the agency or by advertising, in an appropriate trade publication of § general circulation when required by statute. 2. The telecommunications solicitation authorized in subsection 1(b) , shall: a. State the contractual requirements in the solicitation 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 w the public contracting agency's needs may include, but are not limited to cost, quality, service, compatibility, product reliability, operating efficiency, and expansion potential: c. State the provisions made for vendors to comment on any specifications which they feel limit competition. 1{l,pS2 Telecommunications Services and Eug ipment 1, The City may continue the existing telecommunications praviderzces ar,i and equipment after January 1, 1-AU4from the the appropriate AT&T company assigned such service or product area under the di%oKstiture orders of United States v Western Electric Co. et al. No. 82-0192 The district Court District fi of Columbia 1983._ I 2, Any new type of service or equipment or any major replacement of existing services, or equipment where the rate is not established by federal., state, or local regulatory authority shall be acquired by competitive procurement. 3, This rule is intended to provide an orderly transition period. The rule is automatically repealed on July 1, 1985. 19,083 Office�� Purchases 1. The City may enter into multiple price agreements or requirements r contracts for either~ the purchase or lease of offi6:e copying i �.� multiple aa�artii exemption, such equipment. Except for th 1 agreements shall otherwise ,conform to the requirements of AR 10.060, 13 �; i 2. In exercising this exemption the City shall fully consider the operating capabilities, limitations and cost of each brand or model and select that brand which will produce the best combination of performance and cost per copy for each application. 10.085 Single Seller Of Product Required Subject to all requirements of AR 20.030, the City may 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 Contract Amendments (Including Chane Orders And Extra Work) 1. Any contract amendment for additional work including change 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 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 obligation exists on the parties covering the terms and conditions of the additional work; or b. The amount of the aggregate cost increase resulting from all amendments shall not exceed 10% of the initial contract, or 20% of the initial contract when the initial contract is for a face amount not exceeding $100,000. Amendments made pursuant to section (a) of this rule are not included in .:< computing the aggregate amount under this section. 10.100 Affirmative Action Contracts ¢ ' ?.' 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, practiceF of contractors, 0°set.-aside programs" and minority business enterprises. �z 14 s (10) Overtime requirement for local governments (ORS 279.340 and 279.342); f•. (11) Prevailing wage rates (ORS 279.348 — 279.365); (12) Retainage (ORS 279.400 — 279.430 and ORS 279.575); (13) Contractor's bond (ORS 279.526 and 279.536); (14) Notice of claim (ORS 279.528); (15) Labor and material liens (ORS 279.538); (16) Liability in absence of bond (ORS 279.542); (17) Progress payments (ORS 279.575). b. Such terms and conditions shall become an integral part of each contract. 4. Special Terms and Conditions. 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 become an integral part of those contracts. 5• Compliance and Exceptions to Terms and Conditions. a. Bidders shall be responsiblQ For noting the terms and conditions included as applicable to each set of bid documents. b- BY signing and returning the bid acknowledging acceptance of and proposal vst form, the bidder is terms and conditions, intf_�°�t to abide by the c. Any exceptions to the teras and conditions must be clearly stated in writing by the bidder in the signed returned proposal. The city reserves the right to reject any bid which takes exception to the terms a nd conditions, Exceptions to the terms and conditions become contractual obligations only upon written acceptance by the City. Commentary In compliance with the provisions of ORS 279.318, the is a list of federal, state and local a enc is which the ner has knowledge that have enacted ordinances orsregulations dealing with the prevention of environmentall Preservation of natural resources ,that tpayaffect and the Of the contract, the Performance �., �� ' � �-� • ,,. - - �_ .r_ tea AR 20,000 BRAND NAMES OR MARKS 24,Qf0 Specification Of Particular 6Arard Names Cir Products Specifications for public contracts shall not expressly or implicitly require any product of any particular manufacturer or seller except pursuant to an exemption under AR 20,020 (Copyrighted Materials), 20.030 (Single Manufacturar Or Compatible Products), or 20.040 (Product Prequalification). if there is no other practical method of specification, the City nrnciuct "or may designate a particularor-anu - equal", but this practice should be avoided whenever possible. �. 20,020 Co ri kited Materials The City may specify a specific copyrighted product. This exemption does not include patented or trade mark goods. 20,030 Surge Manufacturer Or Compatible Products 1, If there is only one irmnufacturefr or seller of a product of the quality required, or if the required product is data processing equipment which will be used for research where there are requirements for exchange of software and data with other research establishments, or if the efficient utilization of the existing equipment or supplies requires a compatible product of a particular manufacturer or seller, a public contracting agency ay specify such particular product subject to the following conditions: a. The product is selected on the basis of the most competitive offer cansidering duality and cost. Tho term 'cost' includes riot only the product price but also other items of expense such as ca-ats related to quality of conversion. Prior to awarding the contract, the City has made reasonable effort to notify known vendors of competing or comparable intended specifications and invited such products of the intended vendors to submit competing proposals If the purchase dobse not exceed $15,000, such notice and invitation may informal. if the amount of the purchase exceeds ast,0on$150e such 'notice shall include advertisement' in at ulation in the area where the newspaper of general circ contract is to be performed and shall be timely to allow competing vendors a reasonable opportunity to make proposals, f 4 : 15 i5 r 2, if the amount of the purchase exceeds $15,000 and is not also pursuant to the data processing exemption, AR 10.080, the Purchasing Agent shall document its action in the bid file. Such documentation shall include: a. A brief description of the proposed contract or contracts. 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 include the efforts taken by the Purchasing Agent to notify and indite proposals from competing vendors. 3. If the City intends to make several purchases of the product of a particular manufacturer or seller for a period not to exceed two years, it may so state in the documentation required by paragraphs (1)(b) and (2), and such documentation shall be sufficient notice as to subsequent purchases. 20.040 Product Prequalification 1. When it is �.mpractical to create specific design or performance specifications for a type of product to be purchased, the City may specify a list of approved products by reference to parti-:uiar manufacturers or sellers in accordance with the following product prequalification procedure: a. The Purchasing Agent has made reasonable efforts to notify known manufacturers or vendors of competitive products of its intention to accept applications for inclusion in its list of prequalified products. Notification shall include advertisement in a trade journal of statewide distribution when possible. In lieu of advertising, the City may notify vendors and manufacturers appearing on the appropriate list maintained by the Department of General Services of the State of Oregon. b, The City permits application for prequalification of similar products up to 15 days prior to adverti3ement for bids on the product. 2. If an application for inclusion in a list of prequalified products is denied, or an existing prequalification revoked, the Purchasing Agent shall notify the applicant in writing. The applicant may appeal to the Board for a review of the denial or revocation in the same manner as an appeal of disqualification or denial provided in AR 30,110(5), l r, 17 AR 30.000 PUBLIC BIDDING PROCEDURES 30.002 Definitions For purposes of these rules the following definitions apply: t 1. Bid: A competitive offer in which price, delivery (or project completion) and conformance to specification will be the predominant award criteria. Bid also includes a proposal when authorized by the public contract review entity where a E solicitation of competitive proposals or offers is utilized for procurement when specification and price will not necessarily be t the predominant award criteria; 2. Bidding Period: The span of time between the date of the invitation to bid and the time and date set for receipt of bids. t A minimum of fourteen (14) calendar days shall be provided, € unless a shorter time is deemed necessary in the public interest for a particular procurement; 3. Bid Opening: The date, time and place set for opening of competitive bids; 4. Bid Closing:. The date and tims announced as the deadline for the receipt of bids: 5. Lowest Responsible Bidder: The lowest bidder who has substantially complied with all prescribed public bidding procedures and requirements and who has not been disqualified by the public contracting agency under ORS 279.037. (ORS 279.029(1)); 6. Addenda to the Bid Documents: Additions or changes to the bid documents defined as addenda shall be labeled as such and distributed in accordance with these rules; 7. Descriptive Literature: Materials submitted by prospective vendors to provide information concerning the products available in response to the bid; d. Bid Sample: A representative specimen of the item that will be available in response to the bid; 9. Contract Release Order: The document authorizing an additional purchase on an existing requirements contract. 30.005 Competitive Biddin Contracts issued by t.ie City shall be awarded by competitive bidding except as otherwise exempted under the provisions of ORS' 279.015, 279.053, 279.056, or under AR 10.000 of these rules. _ lA _ a 9D.010 Bid Documents ____ 1. The Bid Documents Shall include the following! a l'nstructions and information to bidders concerning the bid submission, requirements, inciuding 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; b. wher=e applicable; the purchase description, specifications, d acceptance delivery or performance schedule, inspection a::� , requirements, and special evaluation factors; including warranty and c. The contract terms and conditions, '3 applicable; wnd bonding or other aid security requirements, as app" d. All addenda issued by the City. 2. Determination of Contractual ''arms and Conditions. a. The City is authorized to determine the contractual provisions, and terms and conditions of solicitations and contracts, provided such provisions, terms and conditions are not contrary to statutory or regulatory requirements. g. Terms and Conditions Applicable to public Contracts. In addition to the Oregon preference requirement in ORS a. In ad.1(1), the City shall establish standard terns and conditions including those applicable as prescribed by ORS 279,310 to ORS 279.575: (1) Payment of laborers and material men; contributions to Industrial Accident Fund; liens and withh(Ading taxes (ORS 279.312): (2) Payment of claims by public officers (ORS 279.314); (3) 14ours of labor (ORS 279.316 and 279.339); (4) Environmental and natural resources regulations (ORS 279-318); (5) payment for medical care and attention to employees (ORS 2 '9.320) (6) Voluntary termination -3f the contract (ORS 279.926); (7) Suspension of the work (OR^s 279.323 - 279.333): (9) 'M&ximum hours and overtime (ORS 279,334): ,.5 f (9) Claims for overtime (ORS 279.336); 19 w . i 4 (10) Overtime requirement for local governments (ORS 279.340 and 279.342); (11) Prevailing wage rates (ORS 279.348 - 279.365); (12) Retainage (ORS 279.400 - 279,430 and ORS 279.575); (13) Contractor's band (ORS 279.526 and 279.536); (14) Notice of claim (ORS 279,528); (15) labor and material liens (ORS 279.542); (16) liability in absence of bond (ORS 279,542); (17) Progress payments (ORS 279.575). b. Such terms and conditions shall become an integral part of each contract. 4. Special Terms and Conditions. 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 become an integral part of those contracts. 5. Compliance and Exceptions to Terms and Conditions. a, Bidders shall be responsible for noting the terms and conditions included as applicable to each set of bid documents. b. By signing and returning the bid proposal form, the kPidder• is acknowledging acceptance of and the intend: to abide by the terms and conditions. c. Any exceptions to the terms and conditions must be clearly stated in writing by the bidder in the signed returned proposal. The city reserves the right to reject any bid which takes exception to the terms and conditions. V Exceptions to the terms and conditions become contractual obligations only upon written acceptance by the City. Commentary In compliance With the provisions of ORS 279.318, the following is a list of federal, state and local agencies of which the Owner has knowledge that have enacted ordinances or regulations dealing with the prevention of environmental pollution a;,: +he preservation of natural resources that'may affect the performance of the contract: x 2O Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Defense, Department of Army Corps of Engineers (Environmental Protection AGency Interior, Department of Bureau of Sport Fisheries and Wildlife Bureau of Outdoor Recreation Bureau of Land Management Bureau of Indian Affairs Bureau of Reclamation Labor~, Department of Occupational Safety and Health Administration Transportation, Department of Coast Guard Federal Highway Administration State Agencies: Agriculture, Department of Environmental Quality, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission Soil and Dater Conservation Commission State Engineer State Land Board Water Resources aou;rd Local Agencies: City Council County Court County Commissioners, Board of Port Districts Metropolitan Service Districts County Service Districts Sanitary Districts Water Districts Fir- Protection Districts- 30.015 Public Notice 1. Distribution. Bid documents and not;,ces of the availability of bid documents shall be mailed or otherwise furnished to a sufficient number of bidders for the purpose of securing competition. Notice of availability shall indicate where,, when, 21 -- and for how long the bid documents may be obtained; generally describe the supply, service or construction desired; and may Fa_.. contain other appropriate information. The public agency may charpu- a fee or require a deposit for the bid documents. 2. Advertising. a. Unless exempted every formal solicitation of bids shall be advertised. An advertisement for bids shall ba- published at i least once in at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the public agency may determine to be necessary or desirable to ensure competition. i b. All advertisements for bids shall state; (1) The date and time after which bids will not be received which date shall riot be less than five (5) days after the date of the last publication of the advertisement. 3 (2) The date that prequalification applications must be r, filed if prequalification is a requirement; (3) The character of the worse to be done or the items to be purchased; E (4) The office where specifications may be seen; (5) The name and title_ of the person designated to receive bids; (b) The date, time, and place that bids will be publicly opened. 3. Posting of Bid Advertisement. A copy of each 4,id advertisement shall be posted at the business office of the City. Bidders may obtain a copy upon request. 30070 Bid Preparation Bid preparation Instructions I. Bids shall be typed or prepared in ink and shall be signed in ink by the bidder or an authorized representative of the bidder. 2. Bids shall be made on the bid form provided. 3. Alterations 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 p required documents and descriptive literature. Ytr' � M 22 a: t 30.025 Bidder Prequali.fication The City may require mandatory prequalification of bidders on forms nrr_scribed by the Purchasing Agent. When prequalification is required by the bid documents as a condition for bidding, the City shall riot consider the bid(i-) of any prospective bidder who is not prequalified in accordance with the City's adopted rules and regulations. If a bidder is currently prequalified by either the State Department of Transportation or the State Department of General Services to perform contracts, the bidder shall be equitably presumed qualified to perform similar work for other public agencies. (ORS 279.047). 30.030 Bidder Submissions 1. Bid Samples and Descriptive Literature. Bid samples or descriptive literature may be required when it is necessary to evaluate required characteristics of the items bid. Bid samples will be returned in accordance with _provisions contained in the bid documents. 2. Identification of Bids. Bids shall be submitted in a sealed envelope appropriately marked or in the envelope provided by the City, which is applicable, to ensure proper identification and special handling. The City shall not be responsible for the proper identification and handling of any bids not submitted ir, the designated envelope. 3. Receipt of Bid. It is the bidder's responsibility to ensure that bids are received by the City prior to the stated bid closing time. 30.035 Bid Security 1. Public Improvement Contracts. Bid security not to exceed 10 percent of the base bid(s) shall be required for public improvement contracts where the amount of the contract exceeds $10,000. The bid security shall be forfeited if the bidder fails to execute the contract promptly and properly if awarded. (ORS 279.031). 2. Other Public Contracts. ilial 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 award. This requirement shall be stated in the bid documents 3. Contr%octs Under $10,000. Bid security for contracts of Tess than $10,000 shall be required only in critical circumstances, so as not to discourage competition. 4. Form of Bid Seaur"ity. The fallowing forma of bid security will be acceptqd b the City: — 23 a. Surety bond from a surety company authorized to do business in the State of Oregon; b. Cashier's check, certified check, or y-xvings and loan secured check; or c. Annual surety bored field with the City (except for public improvements contracts). 5. Return of bid Security. The bid security of all unsuccessful bidders shall be returned after a contract has been executed, or all bids have been rejected. The public agency may return the bid security of unsuccessful bidders after bid opening but prior to award, if the return does not prejudice bid award and provided that the security of at least the three lowest bidders is retained pending the execution of a contract. 30.040 Pre-Bid Conferences Pre-.bid conferences may be held by the City to explain the procurpment riqui ^ements 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 bice documents. The pre-bid conference shall be held within a reasonable time after the bid documents :ave been issued to allow bidders to become aware of it, but sufficiently, before bid :dosing to allow consideration of the conference results in preparing bids. Statements at the pre--bid conference shall not change the bid documents unless confirmed to all prospective bidders by wears of a written addendum to the bid documents. T 30.045 Brand Home Products 1. Product Requirement by Brand Name Prohibited. Specifications for public _contracts "shall not expressly or implicitly require any product by any brand name or mark, nor the product of any particu'Agr manufacturer or seller except: pursuant to exemptions authorized by the rules including but not limited to: a. Copyrighted materials; AR 20.00. b. Single Seller of Product Required and Single Manufacturer or Compatible Products; AR 20.030 and AR 10.085. c Specification of Particular , Brand dames or Products; AR 2€1.010. d. 'wuca8ic agencies' may ire►-t4xty. `:frou52ce,a by. :,e.«rre,e nai;�a so f.ang as "approved equal" or :tar areal" is included in the bid documents. 24 30.050 Protest of Bid Specifications 1. Time for Submission of Protest. Protests of bid specifications Yo 4 .4- ruing in shall be presented 4u the CILICY in writing accordance tv'lth the following timelines: a. Public Improvement Contract -- ten (10) calendar days prior to bid closing; b. Other Public Contracts - five (5) calendar days prior to bid closing; Such protest shall include the reasons for protest and any proposed changes to specifications. No protest against award because of the content of bid specifications snail be conuidereu after the deadline established for submitting such protest. 2. Extension of Opening Date. If any bid specification protest is received in accordance with section (1) ab(,ve, the bid opening date may be extended if necessary to allow consideration of the protest and issuance of any addenda to the bid documents. 3. Identification of Protest. Envelopes cotaining protests of bid specifications shall be marked as follows: Bid Specification Protest Bid Number or Other Identification 30.055 Addenda to Bid Documents 1. Forma Changes to bid documents shall be accomplished by addenda. The bidder shall acknowledge receipt of all addenda issued, either with the bid or separately prior to bid opening. 2. Distribution. Addenda shall be sent to all prospective bidders known to have obtained the bid documents or attending, any mandatory ;are--bid conferences. 3. Timeliness. Addenda shall be issued within a reasonable time prior to bid closing to allow prospective bidders to consider then 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 or telephone, followed by a confirming written addendum. 30.O60 Pre::Qenira f odification or Withdrawal of Bid< i. modifications. Bids once submitted may be modified in writing prior to the time and date set for bid closing. Any modif cations shall be prepared on the company letterhead, signeu by an authorized officer, and state that the new document F supersedes or modifies the prior bid. Telegraphic modification shall not be accepted unless authorized in the bid documents. To ensure the integrity of the bidding process, the erivelope �mcontinuing any modifications to a bid shall be marked as fillows; Bid Modification Bid Number or Other Identification 2. Withdrawals. a. Bids may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for bid closing. Bids also may be withdrawn. in person prior to the scheduled bid closing upon presentation of appropriate identification. b. Unopened bids withdrawn under subsection (a) above, inn bd released to the bidder after voiding any date and time stamp used. c. Requests to withdraw m,?siled bids shall be marked as follows: Bid Withdrawal Bid Number or Other Identification 3. Documentation. All documents relating to the modification or withdrawal of bids shall be made a part of the appropriate bid file. 30.066 Receipt, Openinq, and Recording 2f i3ids i 1. Receipt. Upon its receipt, each bid and modification shall be time—stamped or marked by hand but not opened and shall be stored in a secure place until bid opening. If bids or modifications are opened inadvertently or are opened prior to the time and date s set for bid opening because they were improperly identified by the bidder, the bids or authorized modification documents shall be resealed, and stored for opening at the correct time. When this occurs, documentation of this procedure shall be placed in the bid 'file. 2. Opening and Recording. Bids and modifications shall be opened publ:ialy, 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 prica(s), and such other information as considered appropriate, shall be read aloud. On voluminous bids, the City may advise bidders as part of the bid documents that the bid items and prices will not be read aloud. 3; Availability. The opened bids shall be available for public inspection prior to award except to the extent the bidder designates trade secrets or other proprietary data to be confidehtial. OR$ 122.500(1) b). The City shall verify and 26 -- determine that the confidential information 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 f readily separable from the bid in order to facilitate public inspection of the noncon- id•ential portion of the bid. Prices, makes, model or catalog number of items offered, scheduled delivery dates, and terms of payment shall be publicly available regardless of any designation to the contrary, 30.070 Late Bids, Late Withdrawals, and Late Modifications 1. Definition, Any bid receivedafter, the time and date set in the bid documents for receipt of bids is late. Any request for bid withdrawal or modification received after the time and date set for bid closing is late. Dicpvs:if nn- Late bids, late modification, or late withdrawals shall not be considered. 30.075 Mistakes in Bids 1. General. Clarification or withdrawal of a bid because of an inadvertent, nonjudgmental mistake in the bid roquir•es careful consideration to protect the integrity of the competitive bidding system, and to assure fairness, Exceot as provided in this rule, if the mistake is attributable to an error in judgment, the bid may not be corrected, Bid correction or withdrawal by reason of r a nonjudgmental mist`ke is permissible but only to the extent it is not contrary to the interest of the City or the fair 'treatment of other bidders. a j 2. Mistakes Discovered After Bid Closing but Before Award. This subsection prescribes procedures to be applied in situations where mistakes in bids are discovered after the time and date set for bid closing but before award. a. wl .n�r Informalities. Minor informalities are matters of form rather than substance that are evident from the bid documents, or• insignificant mistakes that can be waived or corrected promptly without prejudice 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 unit price, Examples include, but are not limited to, the failure of a bidder to: (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; (3) Acknowledge receipt of an a1dendum to the bid documents, `F but only if; - 27 -- (A) It is clear from the bid that the bidder received the addendum and intended to be bound by its terms; or (8) The addendum involved did not affect price, quantity, quality, or delivery. (b) Mistakes Where Intended Correct Sid is Evident. If the mistake and the intended correct bid are clearly on the face of the bid form, or can be substantiated from accompanying documents, the City may accept the bid. Examples of mistakes that may be clearly evident on the face of the bid form are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. For discrepancies between unit prices and extended prices, unit prices shall prevail. (c) Mistakes Where Intended Correct Sid is Not Evident. 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 bid is not clearly evident or cannot be substantiated from accompanying documents. 30.080 Time for Acceptance Bids shall be valid for thirty (30) days unless otherwise specified in the acid documents. 30.085 Extension of Time for Acceptance of Sid Notwithstanding AR 30.080, after opening bids, the City may request orally or in writing that bidders extend the time in writing during which the City may accept their bids. 30.0030 Bid Evaluation and Award 1. General. The contract, if awarded, is to be awarded to the lowest responsible bidder. Consistent with the provisions of the bid documents, awu�rds may be made by item, groups of items, or entire bid in the public interest as determined by the City. The city reserves the right to reject any bid not in compliance with the bid documents or all bids pursuant to ORS 279.035 when it is in the public interest to do so. 2. Special Requirements. The bid documents shall set forth any special requirements and criteria which will be used to determine the lowest responsible bidder. No bid shall be evaluated for any requirement or criterion that is not disclosed in the bid documents or City regulation. 3. Product Acceptability. a. The bid documents shall set forth the evaluation criteria to be used in determining product acceptability. The City may r.i 28 I i } r require the submission of bid samples, descriptive �• literature, technical data, or other material, and may also ly provide for accomplishing any of the following prior to award, p (1) Demonstration, inspection or testing of a product prior to award for such characteristics as quality or workmanship; (2.) Examination of such elements as appearance, finish, taste, or feel; or (3) Other examinations to determine whether the product c�.,..rorms with specifications. 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 meet the minimum requirements shall be rejected. Product rejections are not considered bidder disqualifications and are not grounds for appeal under QRS 279,043. 4. Determination of Lowest Responsible Bidder. Following determination of project acceptability as set forth in subsection (3) if any is required, bids will be evaluated to determine which bidder offers the lowest 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 a documents shall be applied in determining the lowest responsible bidder. Examples of such criteria include, but are not limited to, transportation cost, volume weighing, trade-in allowances, depreciation ailowancer, cartage penalties, and ownership or life cycle cost formulas, Evaluation factors need not be precise predictors of actual future costs; but to the extent possible, such evaluation factors shall: a. Be reasonable estimates based upon information the City has available concerning future use; and b. Treat all bids equitably. c. Recognize that public policy requires acquisitions and public improvements to be accomplished at the least cost. ORS 279.023(1). 5, Restrictions. Nothing in this section shall be deemed to permit contract award to a bidder submitting a higher quality iters than r that designated in the bid documents if such bidder is not also the lowest responsible bidder as determined under subsection (4) of this section. Further, this section does not permit negotiations with any bidder. 29 _ e 30,095 Low Tie Bids 1, Definition, Low tie bids are loo; responsive bids from responsible bidders that are identical in price, fitness, availability and quality and which meet all the requirements and criteria set forth in the bid documents. 2, Award. a. Low tie bids are subject to the Oregon preference contained in ORS 279,021(1): "In all public contracts, the public contracting agency shall prefer goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal." b. Low tie bids that remain tied after application of the statutory Oregon preference shall be awarded according to the following sequence: (1) Preference shall be given to the bidder whose principal offices or headquarters are located in Oregon. b (2) If a tie still remains after applying (1) above, award shall be made by drawing lots among any tied Oregon bidders. Such bidders shall be given notice and an opportunity to be present when the lots are drawn. (3) If none of the tied bidders is located in Oregon, award of the contract shall be made by drawing lots. 30.100 Rejection of Individual Bids or Proposals 1. General. This section applies to rejections, in whole or in part, of individual bids or proposals. In accordance with ORS 279.035, the City may reject in whole or in part, any bid not in compliance with all prescribed bidding procedures and regaairements. No hid shall be considered unless the bid security, properly executed, has been sub fitted with the bid as required by the bid documents. 2. Reasons for Rejection. Reasons for rejecting a bid incl.udn but are not limited to. 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 of the Bureau of Labor and Industries under- ORS 279,361- c. The bid is not responsive, that is, it does not conform in all material respects to bid documents; or b 30 • M d. The supply, service, or construction item offered in the bid is unacceptable by reason of its failure to meet the requirements of the bid documents or permissible alternates or other acceptability criteria set forth in the bid documents. 30.105 Negotiation with Bidders Prohibited Unless a requiest for proposal is used, the public agency shall not negotiate with any bidder prior to award of a contract. After award of the contract, modifications to the contract shall be made with change orders or addenda to the contract and in accordance with the exemption rules. 30.110 Bidder Disqualification a 1. Grounds for Disqualification. As provided in ORS 279.037, the following are grounds for bidder disqualification: a. The person does not have sufficient financial ability to perform the contract:. If a bond is required to ensure performance of a contract, evidence that the person can ; acquire a surety bond in the amount and type required shall be sufficient to establish financial ability; a' b. The person does not have equipment available to perform the (� contract; ` c. The person does .not have. key personnel . available of t sufficient experience to perform the contract; or d. The person has repeatedly breached contractual obligations to public and private contracting agencies. 2. Investigation. The City may make such investigation as is U necessary to determine whether a person is qualified. If a bidder or prospective bidder fails to supply information pr,:mptly ` as requested by the City, such failure is grounds for disqualification. 3. Trade Secret. Any information voluntarily submitted by a bidder or prospective bidder pursuant to an investigation under subsection (2) of this section or in a prequalification statement required by ORS 279.039 or in a prequalification request submitted pursuant to ORS 279.041 shall be deemed a trade secret pursuant to ORS 192.500(1)(b) and (e) if requested by the persor+ submitting the infonnption and verified to be a trade secret by the public agency. 4. Notice of Disqualification. The, bidder or prospective bidder will be notified in writing by personal service or certified mail of the City's decision to disqualify the person from bidding with the City. The notice shall contain: a 31 — a a. 'The effective date of the disqualification and the effective period of disqualification; b. The grounds for disqualification from bidding; and c. A statement of the contractor's appeal rights and applicable appeal deadlines. 5, Appeal of Disqualification. If a contractor wishes to appeal the City's decision to disqualify, the contractor must notify the City in writing within three (3) business days after receipt of the notification. The City shall mail its not-ice to the contractor by Certified Mail — Return Receipt Requested, 20.1:5 Cancellation of IniLitations tto Bid 1. Cancellation in the Public Interest. 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 by the city. The reasons therefor shall be made part of the bid file. 2, Notice of Cancellation. When an invitation to bid is cancelled prior to bid opening, notice of cancellation shall be sent to all 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: a, Identify the invitation to bid; b. Briefly explain the reason foi, cancellation; and c. Where appropriate, explain that an opportunity will be given _. to compete on any resolicitation. 30.i20 0 i,sposition of bids or PropoWals if Bid Cancelled 1. Prior to Bid Opening. When an invitation for bids is cancelled prior to bid opening, all bids received will be returned to bidders unopened, if submitted with a clearly visible return address. If there is no return address on the envelope, the bid will be opened to determine the source and then returned to sender. 2, After Bid Opening, When all bids are rejected, the bids received shall be retained and become part of the City's permanent filo.. 341,125 gocumen ,4tion of Award 1. Oasis of Award. Following award, a record showing the basis for determining the successful bidder shall be made apart o, the bid file. �. Contents of Award Rpc3rd, The record shall consist of: 3 a. Completed bid tabulation street. b. Written justification of any rejection of lower bids. 30.130 Loen Contractor (ORS 279.021)_ If the amount of the contract exceeds $10,000 and the contractor is a "foreign contractor," the contractor shall. promptly report to the Oregon Department of Revenue on forms to be provided by the Department of Revenue: the total contract price, terms of payment, length of contract and such other i.nfor;maticn as the ?)epartment of Revenue may require before 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 t above requirements have been complied with before it issues final payment on 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 Oregon. E 30.135 Availability of Award Decisions_-_Contract Retention 1. Contract Documents. A signed purchase order, price agreement, or contract document, as applicable, shall be sant to the successful bidder. 2. Notification to Unsuccessful Bidders. Unsuccessful bidders need not be notified. Tabulations of awarded bids may be obtained for a nominal charge in person or by submitting to the public agency a written request stating -the bid number and a serf—addressed, stamped envelope. t 3. Availability of Bid Files. Completed bid files shall be � available for public review at the City. 4. Copus from Bid Files. Copies of material from bid files, other than previously described tabulation sheets, may be obtained upon payment of a reasonable copying charge. 5. Contract Retention. 'rhe following requirements on retention of contract documents after award shall apply: F a. For all service contracts the original must be kept for two years after the contract has been completely executed; b. Capital contracts must be kept permanently; c. Goods contracts must be kept for seven years after maturity; d. Intergovernmental and interagency agreements must be kept permanently. Ary copies of the originals must be kept: -for two years after �. maturity in all of the categories listed above. Cl r e. 33 S 30.140 Performance Security 1, Public Improvements C-ntract, Except in emergencies, when the requirement may be waived pursuant to ORS 279.029(3), a performance bond in a sum equal to the contract price shall be required for all public improvement contracts in excess of $10,000. 2. Other Public Contracts. The City may require performance security for other public contracts. Such requirements shall be stated in the bid documents. 3. Contracts Under $10,000. Performance bonds for a contract under $10,000 shall be utilized only in critical circumstances, so as not to discourage competition. 4, Requirement for Surety Bond. A surety bond furnished by a surety company authorized to do business in Oregon is the only acceptable form of performance security unless specified in the bid documents. 5. Time for Submission. Upon request by the city, the apparent successful bidder must 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 award to the next lowest responsible bidder. 30.145 Right to Audit Records 1. Audit of Cost or Pricing Data. The City may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data according to the terms of a contract to the extent that such books and records relate to auch cost or pricing data. Any person who receives a contract, for which cost or pricing data are required, shall maintain such books and records that relate to such cost or pricing data for three (3) years from the date cf final payment under the contact, unless a shorter period is otherwise authorized in writing. 2. Contract Audit. The City shall be entitled to audit the books and records of a contractor or any subcontractor under 6, oy contract or subcontract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the' subco-ntract, unless a shorter period is otherwise authorized in writing. � 34ti e 30.1!50 Right to Inspect Plant 1. Time for Inspection. The city may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded. 2. Access to Plant or Place of Business. As a condition of bidding, bidders agree that the City may anter a contractor's or subcontractor's 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 City pursuant to the terms of the bid; b. Investigate in connection with a bidder's application, a minority business certification, or bidder qualification; z 3. Contractual Provisions. 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, after award, to contract requirements, and are therefore acceptable. Such inspections and tests shall be conducted in accordance with the terms of the contract. 4. Procedures for Trial Use and resting. The City may establish operational procedures gover• iing the testing and trial use of equipment, materials, and the application of resulting . information and data to specifications or procurements. 5. Conduct of Inspections. a. Inspectors. Inspections or tests shall be performed so as k' not to unduly delay the work of the contractor or " subcontractor. No change of any provision of the specifications or the contract may be required by the inspector without written authorization of the public agency, unless otherwise specified in the bid documents. The presence or absence of an inspector shall not relieve the contractor or subcontractor from any requirement of the contract. b. Location, When an inspection is made in, the plant or place of business of a contractor or subcontractor, such contractor or subcontractor shall provide without charge all reasonable facilities and assistance for the safety and convenience of the person performing the inspection or testing. ;y c; Time of Testing or Inspection. Inspection or testing of supplies and services performed at the plant or place of business of any contractor or subcontractor shall be performed at - asonable times during norr,tal business hours. r; 35 r 6. Inspection of Construction Projects. on-site inspection of construction shall be performed in accordance with the terms of the contract. 30.155 Contract Cancellation Procedures Gree.+nds for Cancellation. A contract may be cancelled by the City for any violation of the provisions of the contract. Such previsions generally include, but are not limited to; _ 1. standard terms and conditions included in all contracts; 2. Product or service Rpecifications; ®' 3. Delivery or completion requirements; 4. Contracted pricing and price escalation/de-escalation clauses. _ - 36 - s AR 40 PUBLIC IMPROVEMENT CONTRACTS 40.000 Application In addition to the requirements set forth in Division 30 of these rules the following rules apply to public improvement contracts. 40.005 Competitive B�ddiing Public improvement contracts, if awarded, shall be awarded by the City to the lowest responsible bidder as defined by statute unless otherwise exempt under ORS 279.015, 279.053 or 279.056. an 0io Public Notice 1. Trade Newspaper Advertisement. In addit o-, -.o 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--wi.de circulation. 2. Prevailing Wage Rate Notice. If the following conditions apply, the City shall include in the public notice a statement that the bidder shall comply with the requirements of the prevailing wage law in ORS 279.350: a. The bid must we for public works as defined in ORS 279.348(3) which includes construction, reconstruction, major renovation or pais►ting of roads, highway buildings, structures and improvements of all types; b. The contract price for the project exceeds $10,000; and c. The project is not regulated under the Davis—Bacon Act (40 USC 276a). (ORS 279.357). 40.015 Bid Evaluation and Award Award of a public improvement contract shall be to the lowest responsible bidder on the basis of total bid price. If the bid includes unit prices and extensions for estimated quantities, the total bid price for the purpose of comparing bids will be the total sum computed from bid quantities and the unit prices entered thereon br the bidder wits+ due adjustments being made for alternate items and any specified or authorized reductions, additions or changes. In case of conflict between a unit price and the corresponding extended amount, the unit price shall govern, 40.020 Contract Cancellation Procedures 1. Termination Due to Circumstances Beyond the Contrail of the Contractor (ORS 279.326, 279,328, 279 330, 279.332). 37 a. Reasons for Termination. The City may, by written order or upon written request from the contractor, terminate the e. contract or a portion thereof if any of the following occur: (1) The contractor is prevented from completing the work for reasons beyond the control of the City; (2) Completion of the project is beyond control of the contractor; (3) Or for any reason considered by the city to be in the 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, phenomenon of nature of catasteophic proportions or intensity, executive orders of the President related to national defense, congressional or state acts related to funding. 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, payment will. be made for the actual items of work completed under the contract, or by mutual agreement, for items of work partially completed. No claim for loss of anticipated profits will be allowed. c. Responsibility for Completed Work if Contract .Terminated. 'Termination of the contract or a portion thereof shall not relieve the contractor of responsibility for the work completed, nor shall it relieve the surety of its obligation for any just claims arising from the work performed. 2. Termination of Contract for Default (QRS 279.333). a. If the contractor should persistently or repeatedly refuse to or fail to supply enough properly skilled workmen or proper materials for the efficient execution of the project, or should fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances the instruction of the City, or otherwise be guilty of a substantial violation of any provision of the contract, then the City without prejudice to any other right or remedy and after giving :he contractor or the surety seven (7) day's written notice, may terminate the employment of the contractor and 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 City may finish the wtork by whatever method it may deem expedient. 38 - b. Required Response to Declaration of Default. If the above action is taken, the contractor or- the surety shall provide the City with immediate and peaceful possession of all of the materials, tools and appliances located on the 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 entitled to receive any further payment until the work is completed. On 'the campletion 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 terms of the contract, had the contractor completed the work. If the difference between Said total amount and the sum of all amounts previously paid to the contractor, which difference will hereinafter be called the "unpaid balance," exceeds the expense incurred by the City in completing the work, including eXP,4.:_e for additio-al managerial and administrative services, such excess wiii be paid to the contractor, with the consent of the surety. If, instead, the expense incurred by the City exceeds the unpaid balance, the amount of the excess shall be paid to the City by the contractor or the surety. c. Expense of Completion. The expense incurred by the City shall be as determined and certified by the City. d. Refusal to Perform. In addition to and apart from the above-mentioned right of tri:: City to terminate the employment of the contractor, the contract may be cancelled by the City for any willful failure or refusal on the part of the contractor to perform faithfully the contact according to all of its terms and conditions; however, in such event neither the contractor nor the surety shall be relieved from damages or losses suffered by the City on account of the contractor's breach of eJntract. a. Remedies are Cumulative. The City may, at its discretion, avail itself of any or all of the above rights or remedies without prejudice or preclude the City from subsequently invoking any other right or remedy set forth above or elsewhere in the contract. 40025 Retainag±. (ORS 279.420, _279.575 1. Retainage of Five Percent. T'he amount to be retained from any given progross payent will be such that when added to the sum of amounts previousl_i. retained will equal not more than five percent of the value of completed work except if the contract work is 50 percent completed and the work is progressing satisfactorily, the retainage may be reduced or eliminated on the remaining progress payments. Any reduction or elimination of retainage shall be allowed only upon written application of the contractor, which appJL "ication shall include written approval of the contractor's surety; except that when thp- contract work is 97 1/2 percent _ 39 completed, the City may without application by the contractor, reduce the retained amount to 1010 percent of the value of the " contract work remaining to be done. If retainage has been < reduced or eliminated, the City reserves the right in protecting its interests to reinstate at any time retainage from further progress payments. e, niterhativia to C&4h ReLainage. In lieu of cash retainage to be held by the City, the contractor may select one of the following options: a. Deposit of Securities. The contractor usay deposit bonds or securities with the City or in any bank or trust company to beheld for the benefit of the City. In such event, the City shall reduce the retainage in an amount equal to the value of the bonds and securities. This reduction in retainage will be made in the progress payments made subsequent to the time the contractor deposits the bonds and securities. The value of the bonds and securities will be determined periodically by the City based on market value, amount retained on progress payments will be adjusted accordingly. The bonds and securities deposited by the contractor shall be rt 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: Billaa certificates, notes or bonds of the United States. _ e- (2) Other obligations of the United States or its agencies. 3' (3) Obligations of any corporation wholly owned by the rederal Government. y *' (4) Indebtedness of the Federal Na-ional Mortgage Association. (5) Time certificates of deposit or savings account passbooks issued by a commercial bank, savings and loan association, or mutual savings bank, duly authorized to do business in Oregon. (6) Corporation bonds rated A or better by a recognized rating service. (7) General obligation bonds of the :hate of Oregon or any political subdivision thereof. y (a) General obligation improvemenrranta issued pursuant to OR$ 287.502. (9)'; Irrevocable letters sof credit from a bank doing business r in Oregon. £ ' 40 4 At the time the City determines that all requirements for the protection of the City's interest have been fulfilled, all bonds and securities deposited as above provided will be released to the contractor. b. Deposit in Interest-Bearing Accounts. Upon written request or the contractor, the City shall deposit 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. 3. Recovery of Costg. If the City incurs additional costs as a result of the exercise of any of the options for retainage described herein, the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the City shall, upon request, inform the contractor of all accrued costs. 40.030 Procgress _Payments (ORS 279.575) 1. Request for Progress Payments. At a regular time each month, the contractor shall, if required by the contract documents, submit to the City a request for payment based upon an estimate of the amount of work completed and of 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 will be referred to the "value of completed work." With these estimates as a base, a progress payment will be made to the contractor, which progress payment shall be equal to the value of completeu work, less such amounts as may have been previously paid, less such other amounts as may be deductible or as may be owing +rd due to the City for any cause, and less an amount to be retained in protection of the public agency's inierC3tz. 2. Progress Payments Do Not Mean Acceptanc,:i of work. Progress payments shall not be construed as an acceptance or approval of any part of the work covered thereby, and they shall in no manner relieve the contractor of responsibility for deflective workmanship or material. 3. Estimates for Progress Payments. The estimates upon which progress payments are based are not represented to be accurate estimates, and all quantities shown therein are subject to correction in the final estimate. If the contractor uses such estimates as a basis for making paymert3 ::o subcontractors, this is at the contractor's own risk, and the contractor shall bear all loss that may result. - 41 40.035 Final Inspection(ORS 279.575(3)1 1. Notification of Completion. When the contractor determines that all construction work on the project has been completed, the contractor shall so notify the City in writing. The City shall make an inspection of the project and 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 public agency. and all certifications, bills, forms and documents have been submitted properly, such inspection shall constitute the final inspection. 2. Instructions to Complete the Work. 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 documents have not been submitted properly, the City shall within 15 days provide instructions to the contractor on outstanding requirements to complete the project. At such time as the contractor determines full compliance with, and the execution of such instructions, the contractor shall notify the City in writing. The city shall make another inspection within 15 days after such notice and this inspection shall constitute the final inspection provided construction work has been completed satisfactorily. 3. Acknowledgment of Acceptance. Upon sati.sfactcry completion of all work required under the contract, the City shall acknowledge acceptance of the work in writing. 40.040 Final Estimate and Final Payment (ORS 279.575(3)) 1. Submission of Final Estimate. As soon as practicable after final inspection of the work under the contract, if unit prices were applicable, the City shall prepare a final estimate of the quantities of the various classes of work performed. Following a determination of the total amount due the contractor, and following final acceptance of the work by the City, final payment shall be made to the contractor. 2. Set-off of Prior Payments. All prior partial estimates and payments shall be subject to correction in the final estimate and payment, 3. Interest. Beginning 30 days after the date of final acceptance of the project by the City, the City shall pay to the contractor interest at the rate established by state statute on any money due and payable to the contractor. 40,045 Claims for Unpaid Labor or Supplies_ 1, Right of Action, As provide. in ORS 279.526 a person claiming to have supplied labor or materials for work on a public improvement contract let by the City for which the person has not been paid by the prime contractor or any subcontractor has a right of action, A2 g on the contractor's bond, if a notice of such claim has been filed prior to the expiration of six (6) months following the acceptance of the work by the City. 2. Notice of Claim. To initiate a claim. against the contractor's bond, a person should file with the Purchasing Agent a Notice of Claim in the form and manner attached as Exh;.bit A. Any notice of claim should include the following information: a. Name and address of +:he claimant; b. Hume of prime contractor; c. Title of project and contract date; d. Name of the City; e. Name of bonding company (may be obtained from City); 3. Response to Notice of Claim. Upon receipt of such Notice of Claim, the City shall: a. Send acknowledgment to claimant; b. Send copy of notice to contractor; C. File copy of Notice with Secretary of :State. " $ d, rile copy of Notice with banding (surety) company. ; x 4 Referral to Surety Company. If the contract has been completed and all funds disbursed to the prime contractor, the City shall s refer all claims to the surety company for resolution. The City a'< shall not arrange for second payments directly to subcontractors il. or suppliers for work already paid for by the City. 5. Discretionary Payment of Claim. If the contract is still in force, the city may, in accordance with CRS 279,314, dray a valid claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to the contractor under the contract. 5. Liability of Claim. If the city chooses to make such a payment as provided in ORS 279.314, the contractor or the contractor's surety shall not be relieved from obligation with respect to any unpaid claims. t z E 43 4 40.045 EXHIBIT A To: (insert name of the public body) NOTICE IS HEREBY GIVEN that the undersigned, (insert name of subcontractor 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 consisting of (brief description) in the sum of $ against the bond taken from (name of prime contractor), as principal, and (name of bonding company), as surety, for the construction of the (title of project) at (name of agency), (city), Oregon, said contract dated (insert date) by and between the public agency, as Agent of the State, and (name of prime contractor), as Contractor. r-- (Insert a brief description of the work concerning which the bond was taken,) DATED this � day of A lg�__ r (claimant's name and title) i 44 i AR 50.000 WAIVER OF SECURITY BID AND PERFORMANCE BOND 50.010 Bid Security Requirements The City may, in its discretion, waive the bid security requirements of ORS 279.027 for contracts other- than those for public improvements. (In the discretion of the Purchasing Agent the City may accept blanket bid bonds.) 50.020 Contracts Under x' 10 000 The City may, in its discretion, waive the bid security requirements of ORS 279.027 and performance bond requirements of ORS 279.02? if the amou„t of the contract for the public improvement is lass than $10,000. x 45 -- F S t AR 60.000 PROPERTY DISPOSITION 6o.010 Auction Sales of Personal Propert!t Personal property may be sold at auction if the city Administrator, determines that the auction contemplated will probably result in a higher net return than if the property were sold by competitive written bid. 60.OY' Sal of Personal Property F i The City may sell personal property, including recyclable or reclaimed materials, without formai competitive bidding if it has determined that a negotiated sale will result in increased net revenue and 'the following conditions are complied with the following: 1, ircnen the current market value per item is deemed to be less than } $1,000, the City may establish a selling price, schedule and advertise a sale date, and sell to the first qualified buyer meeting the gale terms; or -- 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 i.n accordance with AR 60.010. If no bids are received or if a determination is made that the market value of the property exceeds the offer of the highest responsible bidder, all bids may be rejected and the City may negotiate a sale subject to the following conditions: a. An appraisal of the market value of the property is obtained and documented and the negotiated sale price exceeds the market value; or b. The sale amount exceeds the hi.gheso: bid received through the bidding or auction process. 60.020 Liquidation Sales of Personal Propertv. - 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 corsducted, as a minimum, by the competitive request-for-proposal process govo-ned by rule 10.110. F0.®25 Aonatians of Personal Property � . the City mai 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; or l _ - 46 i� f b. Any sheltered workshop, work activity center or group :are home which operates under contract or agreement with, or grant from, any state agency and which is certified to �. receive federal surplus property; or, c, An- recognized non-.profit activity which is certified to receive federal surplus property. 2. The City may donate or sell, without competitive bids, surplus personal property to recognized private non-profit social or health service activities, subject to the following conditions; a. A determination has been made that the property is not needed for other public purposes; b. If the pr opervy has a current market value of $250 or more, the donation or sale shall; (1) Be approved by the City Administrator; (2) Be documented by the City to be clearly in the public interest. `est. -;47 e AR 70.000 PERSONA. SERVICES CONTRACT 70.010 Personal Ser•vic!g Contracts enter into personal services contracts as provided The City may following: by lo.010(b) based upon the 1. The following are persvnal ".�. .crvi Ta contracts:--_ a. Contracts for services performed as an independent contractor in the professional capacity, including but not limited to the services of an accountant, attorney; architectural or land use planning consultant; physician or dentist; registered professional engineering; appraiser or surveyor; aerial photographer; timer; broadcaster; or data processing consultant. b. Contracts for services as an artist in the performing or fine a arts, including but not limited to photographer, film-maker; painter; weaver; sculptor. c. Contracts for services of a specialized creative and research oriented, noncommercial nature. �j d. Contract for services as a consultant. e. Contract's for educational and human custodial care services. 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 to design a garden and supply all services, but a contract the shrubs and trees is predominately a tangible product. that can generally be A contract to supply labor which is a type asecurity be done by any competent worker, e.g.. janitorial, guard, crop spraying, laundry and landscape maintenance service contracts. C. Contracts for trade related activities considered to be labor and material contracts. d. orttrarts for services of a trade-related activity, even though a specific license is required to engage in the activity. Examples are repair and/or maintenance of all typesof equipment or structures. ' 4 AR 80.000 PROCEDURES $O.o1O Rules Of Procedure Roberts Rules of Order, excepting that seconds will not be required, will govern pr-oceedings of the board where they do not conflict with these rules or statutory provisions. 80.015 Meetings 1. The applicable provisions of the Public Meetings Law shall control the notice and character of meetings of the Board. 2. Meetings of the Board may be held by conference telephone call after required public notice. The Chairperson shall conduct the meeting using a speaker telephone attachment. 3. On urgent or perfunctory matters, the Chairperson may by telephone, poll the members of the Board. Electronic transcripts of the polling calls will be made and retained. In the coarse of a poll, any member may request the matter be discussed by conference call or deferred to a meeting. A. Prior to conference calls or telephone polls, the press and public, including persons directly interested in the subject matter of the poll, shall be given reasonable notice that they may be present in the office of the Chairperson at: the time: of the meeting or poll. 80s0.02O Reports All reports required to be submitted to the Board by those rules or statutes shall be provided to each Board member in advance of the date the item is scheduled for review. 9 8O.025 Notice Of Rule Amendment, Adoptions Repeal Notices of amendment, adoption or repeal of rules, including contract exemption rulings and of meetings of the Local Contract Review Board and the agenda of the meetings shall be sent to the following at least seven (7) days prior to the meeting: a. Press; The Oregonian, The Tigard Times, The Daily Journal of Commerce. p 49 b. {Management and Labor: Association of Oregon Industries; Associated General Contractors; Oregon Construction Industry Council; Oregon AFL-CIO, and Oregon State Building Trades Council. c. Any persons requesting notice in writing who show themselves in a position to be affected by the Board's determination. 80.030 Meeting Agenda The agenda of the meetings of the Board shall include the following: a. Unanimous consent calendar pursuant to AR 90.045 including a brief description of the contract exempted and the amount of the contract. b. Consideration without hearing of pending applications for exemption. The agenda will list all proposed pending exemptions with a brief description of proposed exemptions including the amount of the contract. c. Consideration with hearing of pending applications for exemption rulings. d. Contested case hearings of appeals of disqualification or revocation or prequalification, including the name of the �« contractor and the grounds of the proposed disqualification t or revocation or prequalification. 50 AR 90.000 EMERGENCY CONTRACTS; SPECIFIC EXEMPTION RE¢UESTS; BOARD EXEMPTION PROCEDURES, TEMPORARY EXEMPTIONS / 90.010 Emergency Contracts 1. The City Administrator may, in the Administrator's discretion, authorize or let public contracts without formal competitive bidding if an emergency rxists and the emergency consists of circumstances that could not Dave been reasonably foreseen and requires prompt execution of a contract to remedy the condition. 2. The City Administrator or the Administrator's representative must declare that emergency and make detailed written findings describing the emergency conditions necessitating prompt execution of the contract. A copy of the findings together with the amount or the contract and the name of the contractor shall be immediately forwarded, by the Purchasing Agent, to the Board. 90.015 Specific Exemptions 1. 'The Purchasing Agent may apply to the Board for a ruling under• AR 90.030 through 90.045 exempting a particular contract or contracts from competitive bidding requirements of ORS 279.015 which are not otherwise exempted under these rules. The application shall contain the following information: a. The nature of the project; b. Estimated cost of the project; c. A narrative description of the cost savings anticipated by the exemption from competitive bidding and the reasons competitive bidding would be inappropriate; d. Proposed alternative contraction and purchasing practices to be employed; and e. The estimated date by which it Mould be necessary to let the contract 2. The Board may require such additional information as it deems necessary to determine whether a specific contract is to be exempt from competitive bidding. 90.020 Brand Name Or Mark Exemption Applications The Purchasing Agent may apply for and receive a brand name or mark exemption ruling from the Board for current and contemplated future purchases. Applications shall contain the following information: 51 a. A brief description of ;.he contract or contracts to be covered, The description should include contemplated future purchases, b. The brand name, mark or product to be specified. c. The reasons the purchasing Agent is seeking the exemption. 90.025 Conditions-Of Brand name �.�emptions j The Board may grant e,.nmptions if the following conditions are met: a, The exemption is not likely to encourage favoritism in public contracts or substantially diminish competition and will result in cost savings, b. There is only one manufacturer or seller of the product of the quality required, or efficient utilization of existing equipment or supplies requires acquisition of compatible equipment or supplias. c. The exemption is requested for the purchase of a particular- product to be used in an experimental project. 90.030 notice Of Application Upon receipt of an application for an exemption ruling under AR 90,015 or AR 20.040, the Chairperson of the Board shall set the matter for public hearing to receive data, views, arguments and shall cause a notice of intention to adopt an order to be posted in full public view in 'the City Hall and shall publish notice of the intention to adopt the order in a newspaper of general circulation at least 7 days prior to the hearing. 90.035 Board Hearing The application will be placed on the Board's agenda for the next Board meeting, and, in the exercise of discretion, the Chairperscn may also set additional public meetings to receive data, views and arguments. �2 90.040 Temporary Rules Exemptions In appropriate cases, the Chairperson of the Board may grant a temporary exemption from public bidding pending formal consideration of a specific exemption. 90.045 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 has been made and that if no objections are received to the ' exemption from the members of the Board within seven days of 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. r (AB:pm/0698F) I t . 3 xM .