Grants Pass Municipal Code
Title 2
ORGANIZATION AND ADMINISTRATION
Chapters:
2.04 Finance Director
2.08 Deputy City Attorney
2.11 Department of Public Safety (Ord. 4769 §1, 1993)
2.16 Municipal Court
2.20 Public Bidding Rules (Ord. 4585 §2, 1987)
2.21 Public Improvement Contracts (Ord. 4585 §2, 1987)
2.22 Contracts Under Certain Dollar Amounts (Ord. 4856 §1, 1996)
2.32 Personnel
Chapter 2.04
FINANCE DIRECTOR
Sections:
2.04.010 Functions and Duties.
2.04.020 Acting Finance Director--Office Created.
2.04.030 Acting Finance Director--Appointment.
2.04.010 Functions and Duties.
From and after January 1, 1977 the effective date of the City Charter of 1976, the
Finance Director shall perform, and is hereby authorized and directed to perform,
all functions and duties and take all actions heretofore required to be performed
by the City Officer known prior to January 1, 1977 as City Auditor, Auditor and
Police Judge, City Treasurer, City Recorder, and the like pursuant to any
ordinance, resolution, regulation, or policy of the City enacted or adopted prior to
or after January 1, 1977 or pursuant to the Charter of the City in effect
immediately prior to the City Charter of 1976, or pursuant to any Oregon or
Federal Statute, Law, Rule or Regulation, or pursuant to the Constitution of the
United States or the State Constitution. (Ord. 4136 (part), 1977)
2.04.020 Acting Finance Director--Office Created.
The office of Acting Finance Director is authorized and established for the
performance of those functions required of the Finance Director pursuant to the
City Charter, for the execution of certifications pertaining to minutes, ordinances,
resolutions, and other official records of the City, and for the execution of
municipal general obligation, revenue, and other bonds, and to enable
performance of those functions required by Oregon Revised Statutes of the
Finance Director, who is known in such statutes as "City Clerk," "City Recorder,"
"City Auditor," and by other like designations. The Acting Finance Director shall
serve in the place and stead of the Finance Director at those times when the
Finance Director is absent from the City, or if the Finance Director is for any other
reason unable to act as Finance Director and to discharge any or all of the duties
or functions of the office of Finance Director as described in this chapter. (Ord.
4250 §1, 1978)
2.04.030 Acting Finance Director--Appointment.
The Acting Finance Director shall be named and appointed by the City Manager,
except that if pursuant to Chapter V, Section 2(5), of the City Charter in the case
of the absence of the Manager from the City for more than 7 days, or of
temporary disability to act as Manager, or resignation as Manager, or of
discharge of the Manager by the Council, then the duly appointed Manager Pro
Tem shall appoint the Acting Finance Director upon approval of the majority of
the Council. (Ord. 4250 §2, 1978)
Chapter 2.08
DEPUTY CITY ATTORNEY
Sections:
2.08.010 Office Created.
2.08.020 Number of Positions.
2.08.030 Powers and Duties.
2.08.010 Office Created.
There is created the office of Deputy City Attorney. Each person named as a
Deputy City Attorney shall be and remain a member in good standing of the
Oregon State Bar. (Ord. 3701 §1, 1969)
2.08.020 Number of Positions.
The number of Deputy City Attorneys required shall be determined by the City
Attorney and each Deputy City Attorney shall be appointed by the City Attorney
for an indefinite term. Each Deputy City Attorney shall be subject to removal by
the City Attorney at any time. (Ord. 3701 §2, 1969)
2.08.030 Powers and Duties.
Each Deputy City Attorney named shall have authority to perform all the
functions and duties of the City Attorney, subject to the direction of the City
Attorney. (Ord. 3701 §3, 1969)
Chapter 2.11 has been added by (Ord. 4769 §1, 1993)
Chapter 2.11
DEPARTMENT OF PUBLIC SAFETY
Sections:
2.11.010 Authority.
2.11.020 Appointments.
2.11.010 Authority.
There is hereby established a Department of Public Safety for the City of Grants
Pass to perform the below listed functions.
1. To enforce the laws of the State of Oregon and the City of Grants Pass;
and
2. To assist the City Manager in protecting the health, safety, and welfare of
the citizens and visitors of Grants Pass; and
3. To implement the goals and directives of the City Council as directed by
the City Manager.
2.11.020 Appointments.
The City Manager is authorized to appoint persons to the Department of Public
Safety that are necessary to fulfill the Manager's responsibilities as set forth in
the Municipal Charter, the Municipal Code, and the goals and directives of the
City Council.
This Chapter has been amended by Ord. 5267, 2005
Chapter 2.16
MUNICIPAL COURT
Sections:
2.16.000 Municipal Court
2.16.010 Right to Jury Trial.
2.16.020 Number of Jurors.
2.16.030 Terms of Court.
2.16.040 Jury Panel Selection.
2.16.050 Jury Selection.
2.16.060 Challenge of Jurors.
2.16.070 Selection of Alternate Jurors.
2.16.080 Number of Concurring Votes Needed to Render Verdict.
2.16.090 Juror Compensation.
2.16.100 Serving of Subpoena or Jury Duty Notice--Penalty for Violation.
2.16.110 Assessment of Court Costs.
2.16.000 Municipal Court.
Violations of the Municipal Code (including the Development Code as a portion thereof)
shall be prosecuted in the Circuit Court of the State of Oregon for the County of
Josephine unless the specific language of the applicable ordinance provides for
alternate review.
Chapter 2.20 through 2.22 is hereby replaced by Ord. 5176 §1, 2003
Chapter 2.20
PUBLIC BIDDING RULES
Sections:
2.20.001 Designated.
2.20.002 Rules.
2.20.003 Filing.
2.20.004 Rule Adoption.
2.20.005 Definitions.
2.20.006 Competitive Bidding.
2.20.010 Bid Documents.
2.20.015 Public Notice.
2.20.020 Bid Preparation.
2.20.025 Bidder Prequalification.
2.20.030 Bidder Submissions.
2.20.035 Bid Security.
2.20.040 Pre-Bid Conferences.
2.20.045 Brand Name Products.
2.20.050 Protest of Bid Specifications.
2.20.055 Addenda to Bid Documents.
2.20.060 Pre-Opening Modification or Withdrawal of Bids.
2.20.065 Receipt, Opening and Recording of Bids.
2.20.070 Late Bids, Late Withdrawals and Late Modifications.
2.20.075 Mistakes in Bids.
2.20.080 Time For Acceptance.
2.20.085 Extension of Time For Acceptance For Bid.
2.20.090 Bid Evaluation and Award.
2.20.095 Low Tie Bids.
2.20.100 Rejection of Individual Bids or Proposals.
2.20.105 Negotiation With Bidders Prohibited.
2.20.110 Bidder Disqualification.
2.20.115 Cancellation of Invitations to Bid.
2.20.120 Disposition of Bids or Proposals of Bid Canceled.
2.20.125 Documentation of Award.
2.20.130 Foreign Contractor. (ORS 279.021)
2.20.135 Availability of Award Decisions.
2.20.140 Performance Security.
2.20.145 Right to Audit Records.
2.20.150 Right to Inspect Plant.
2.20.155 Contract Cancellation Procedures.
2.20.001 Designated.
The Council is designated as the Local Contract Review Board of all contract
concerns of the City.
2.20.002 Rules.
The City Manager is authorized to recommend rules for the administration of
public contracts for the Council's adoption for the City of Grants Pass consistent
with the purchasing laws of the State of Oregon.
2.20.003 Filing.
The City Manager shall file a copy of this ordinance with the governing body of
Josephine County.
2.20.004 Rules Adoption.
The City of Grants Pass does hereby adopt the Model Rules of the Attorney
General, 2002 update, for the purpose of establishing rules governing public
contracts in the City of Grants Pass. These rules shall remain in effect until such
time as they may be amended by the Council of the City of Grants Pass. The
provisions of the Grants Pass Municipal Code, including but not limited to
chapters 2.20, 2.21, and 2.22 shall constitute procedures for public contracts and
shall supercede the Attorney General Model Public Contract Rules to the extent
such rules conflict with the provision of this code.
2.20.005 Definitions.
For purposes of these rules the following definitions apply:
A. 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 Board where a
solicitation of competitive proposals or offers is utilized for procurement
when specification and price will not necessarily be the predominant
award criteria.
B. Bidding Period. The span of time between the date of the invitation to bid
and the time and date set for receipt of bids. A minimum of 14 calendar
days shall be provided, unless a shorter time is deemed necessary in the
public interest for a particular procurement.
C. Bid Opening. The date, time and place set for opening of competitive
bids.
D. Bid Closing. The date and time announced as the deadline for the receipt
of bids.
E. 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 City under ORS 279.037.
F. 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.
G. Descriptive Literature. Materials submitted by prospective vendors to
provide information concerning the products available in response to the
bid.
H. Bid Sample. A representative specimen of the item that will be available
in response to the bid.
I. Contract Release Order. The document authorizing an additional
purchase on an existing requirements contract.
J. Manager. The City Manager of the City of Grants Pass or any City
employee appointed in writing by the Manager to act for him in the
exercise of the authority granted by the Charter and under the provisions
of these rules.
2.20.006 Competitive Bidding.
Contracts issued by the City will be awarded in accord with the provisions of
Chapters 2.20, 2.21, and 2.22 of this code and the applicable State Law.
2.20.010 Bid Documents.
A. The Bid Documents Shall Include the Following:
1. Instructions and information to bidders concerning the bid
submission requirements, including the time and date set for
opening of bids, the address of the office to which bids are to be
delivered, and any other special information.
2. Where applicable, the purchase description, specifications, delivery
or performance schedule, inspection and acceptance requirements,
and special evaluation factors.
3. The contract terms and conditions, including warranty and bonding
or other bid security requirements, as applicable.
4. All addenda issued by the City.
B. Determination of Contractual Terms and Conditions:
1. The City Manager 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.
C. Terms and Conditions Applicable to Public Contracts:
1. Except as specifically exempted for projects and contracts below the
bid limits established in this code, and along with the Oregon
preference requirement in ORS 279.021(1), the City shall establish
standard terms and conditions including those applicable as prescribed
by ORS 279.310 to ORS 279.575.
a. Payment of laborers and material men; contributions to
Industrial Accident Fund; liens and withholding taxes
(ORS 279.312).
b. Payment of claims by public officers (ORS 279.314).
c. Hours of labor (ORS 279.316 and 279.338).
d. Environmental and natural resources regulations
(ORS 279.318).
e. Payment for medical care and attention to employees
(ORS 279.320).
f. Voluntary termination of the contract (ORS 279.326).
g. Suspension of the work (ORS 279.328 - 279.333).
h. Maximum hours and overtime (ORS 279.334).
i. Claims for overtime (ORS 279.336).
j. Overtime requirement for local governments
(ORS 279.340 and 279.342).
k. Prevailing wage rates (ORS 279.348 - 279.365).
l. Retainage (ORS 279.400 - 279.430 and ORS 279.575).
m. Contractor's bond (ORS 279.526 and 279.536).
n. Notice of claim (ORS 279.528).
o. Labor and material liens (ORS 279.538 and 279.540).
p. Liability in absence of bond (ORS 279.542).
q. Progress payments (ORS 279.575).
2. Such terms and conditions shall become an integral part of each
contract except as provided herein.
D. 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.
E. Compliance and Exceptions to Terms and Conditions:
1. Bidders are responsible for noting the terms and conditions
included as applicable to each set of bid documents.
2. By signing and returning the bid proposal form, the bidder is
acknowledging acceptance of and the intent to abide by the terms
and conditions.
3. 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. Exceptions to the terms and conditions
become contractual obligations only upon written acceptance by
the City.
2.20.015 Public Notice.
A. Distribution. Bid documents and notices when required for public bid as
provided in this code shall be mailed or otherwise furnished to a sufficient
number of bidders for the purpose of securing competition. Notices of
availability shall indicate where, when, and for how long the bid
documents may be obtained; generally describe the supply, service or
construction desired; and may contain other appropriate information. The
City may charge a fee or require a deposit for the bid documents.
B. Advertising:
1. Unless exempted, every formal solicitation of bids shall be
advertised. An advertisement for bids shall be published at least
once in at least one local newspaper of general circulation and in as
many additional issues and publications as the City may determine
to be necessary or desirable to ensure competition.
2. All advertisements for bids shall state:
a. If the contract is for a public work, that no bid will be received
or considered unless the bid contains a statement by the
bidder that the provisions of ORS 279.350 are complied with.
b. The date and time after which bids will not be received which
date shall not be less than 5 days after the date of the last
publication of the advertisement.
c. The date that prequalification applications must be filed if
prequalification is a requirement.
d. The character of the work to be done or the items to be
purchased.
e. The office where specifications may be seen.
f. The name and title of the person designated to receive bids.
g. The date, time, and place that bids will be publicly opened.
h. The City may reject any bid not in compliance with all
prescribed public bidding procedures and requirements, and
may reject for good cause any or all bids upon a finding of
the City it is in the public interest to do so.
C. Posting of Bid Advertisement. A copy of each bid advertisement shall be
posted at the Finance Office of the City. Bidders may obtain a copy upon
request.
2.20.020 Bid Preparation.
Bid preparation instructions:
A. Bids shall be typed or prepared in ink and shall be signed in ink by the
bidder or an authorized representative of the bidder.
B. Bids shall be made on the bid form provided and submitted in a sealed
envelope.
C. Alterations or erasures, if any, shall be initialed in ink by the person
signing for bid.
D. Bids shall contain a fully executed bid package, including all required
documents and descriptive literature.
2.20.025 Bidder Prequalification.
The City Manager may require mandatory prequalification of bidders on forms
prescribed by the City Manager. When prequalification is required by the bid
documents as a condition for bidding, the City shall not consider the bid(s) 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 the State Department of Transportation or
the State Department of General Services or by the City to perform contracts, the
bidder shall be rebuttably presumed qualified to perform similar work for other
public agencies if such bidder furnishes appropriate documentation.
2.20.030 Bidder Submissions.
A. 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.
B. Identification of Bids. Bids shall be submitted in a sealed envelope
appropriately marked or in the envelope provided by the agency,
whichever 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 in the designated envelope.
C. Receipt of Bid. It is the bidder's responsibility to ensure that bids are
received by the designated office of the City prior to the stated bid closing
time.
2.20.035 Bid Security.
A. Public Improvement Contracts. Bid security not to exceed 10% of the bid
shall be required for public improvement contracts where the amount of
the contract exceeds $50,000. The bid security shall be forfeited if the
bidder fails to execute the contract promptly and properly if awarded.
B. Other Public Contracts. Bid security not to exceed 10% 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.
C. Contracts Under $50,000. Bid security for contracts of less than $50,000
may be required by the City Manager or designee in accord with this code.
D. Form of Bid Security. The following forms of bid security will be accepted
by the City:
1. Surety bond from a surety company authorized to do business in
the State of Oregon; or
2. Cashier's check, certified check, or savings and loan secured
check.
3. Cash
4. Unrestricted Loan proceeds.
5. Specific accounts where the City is the sole entity approved to
withdraw funds.
6. Unrestricted letters of credit.
E. 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 City 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.
2.20.040 Pre-Bid Conferences.
Pre-bid conferences may be held by the City Manager to explain the
procurement requirements or conduct site inspections. The City Manager may
require attendance at the pre-bid conference as a condition for bidding. Such
conferences shall be announced to all prospective bidders in the bid documents.
The pre-bid conference shall be held within a reasonable time after the bid
documents have been issued to allow bidders to become aware of it, but
sufficiently before bid closing 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 means of a written
addendum to the bid documents.
2.20.045 Brand Name Products.
A. 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 particular manufacturer or seller
except pursuant to exemptions authorized by these rules, including but not
limited to:
1. Copyrighted materials.
2. Single seller of product required and single manufacturer of
compatible products.
3. Specification of particular brand names or products.
4. The City may identify products by brand names so long as
"approved equal" or "or equal" is included in the bid documents.
2.20.050 Protest of Bid Specifications.
A. Time for Submission of Protest. Protests of bid specifications shall be
presented to the City in writing at least four calendar days prior to the bid
opening.
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 shall be considered after the deadline
established for submitting such protest.
B. Extension of Opening Date. If any bid specification protest is received in
accordance with Section 1. above, the bid opening date may be extended
if necessary to allow consideration of the protest and issuance of any
addenda to the bid documents.
C. Identification of Protest. Envelopes containing protests of bid
specifications shall be marked as follows:
Bid Specification Protest
Bid Number or Other Identification
---------------------------------------------
2.20.055 Addenda to Bid Documents.
A. Form. Changes to bid documents for any project greater than $50,000 in
estimated value, shall be accomplished by addenda. The bidder shall
acknowledge receipt of all addenda issued, either with the bid or
separately prior to bid opening.
B. Distribution. Addenda shall be sent to all prospective bidders known to
have obtained the bid documents or attending any mandatory pre-bid
conferences.
C. Timeliness. Addenda shall be issued within a reasonable time (5 days
prior to bid closing) to allow prospective bidders to consider them in
preparing their bids, but in no case less than 72 hours before the bid
closing. If necessary, the City Manager may notify prospective bidders by
telegram or telephone, followed by a confirming written addendum.
2.20.060 Pre-Opening Modification or Withdrawal of Bids.
A. Modifications. Bids once submitted may be modified in writing prior to the
time and date set for bid closing. Any modifications shall be signed by an
authorized officer, and state that the new document 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 envelope containing any modifications to a bid shall
be marked as follows:
Bid Modifications
Bid Number or Other Identification
---------------------------------------------
B. Withdrawals.
1. Bids may be withdrawn by written notification 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.
2. Unopened bids withdrawn under subsection A. above, may be
released to the bidder after voiding any date and time stamp used.
3. Requests to withdraw mailed bids shall be marked as follows:
Bid Withdrawal
Bid Number or Other Identification
---------------------------------------------
C. Documentation. All documents relating to the modification or withdrawal
of bids shall be made a part of the appropriate bid file.
2.20.065 Receipt, Opening and Recording of Bids.
A. Receipt. Upon its receipt, each bid and modification shall be timestamped
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 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.
B. Opening and Recording. Bids and modifications shall be opened publicly,
at the time, date, and place designated in the bid documents. If witnesses
are present at the bid opening, and to the extent practicable, the name of
each bidder, the bid price(s), and such other information as 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.
C. 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 confidential under ORS 192.500(1)(b). The City
Manager shall verify and 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 readily separable from the bid in order to facilitate public
inspection of the non-confidential portion of the bid. Prices, makes, model
or catalog numbers of items offered, scheduled delivery dates, and terms
of payment shall be publicly available regardless of any designation to the
contrary.
2.20.070 Late Bids, Late Withdrawals, and Late Modifications.
A. Definition. Any bid received after 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.
Timeliness shall be determined by the Manager, and such determination
shall be final.
B. Disposition. Late bids, late modifications, or late withdrawals shall not be
considered.
2.20.075 Mistakes in Bids.
A. General. Clarification or withdrawal of a bid because of an inadvertent,
nonjudgmental mistake in the bid requires careful consideration to protect
the integrity of the competitive bidding system, and to assure fairness.
Except as provided in this rule, if the mistake is attributable to an error in
judgment, the bid may not be corrected. Bid correction or withdrawal by
reason of a nonjudgmental mistake is permissible but only to the extent it
is not contrary to the interest of the City or the fair treatment of other
bidders.
B. 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.
1. Minor 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:
a. Return the number of signed bids or the number of other
documents required by the bid documents.
b. Sign the bid form in the designated block so long as a
signature appears in the bid documents evidencing an intent
to be bound.
c. Acknowledge receipt of an addendum to the bid documents,
but only if:
(1) It is clear from the bid that the bidder received the
addendum and intended to be bound by its terms; or
(2) The addendum involved did not affect price, quantity,
quality, or delivery.
2. Mistakes Where Intended Correct Bid is Evident. If the mistake and
the intended correct bid are clearly evident on the face of the bid
form, or can be substantiated from accompanying documents, the
Manager 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.
3. Mistakes Where Intended Correct Bid 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.
2.20.080 Time For Acceptance.
Bids shall be valid for 30 days unless otherwise specified in the bid documents.
2.20.085 Extension of Time For Acceptance of Bid.
Notwithstanding 2.20.080, after opening bids, the City may request that bidders
extend the time during which the City may accept their bids.
2.20.090 Bid Evaluation and Award.
A. General. The contract, if awarded, is to be awarded to the lowest
responsible bidder. Consistent with the provisions of the bid documents,
awards 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.
B. 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.
C. Product Acceptability.
1. The bid documents shall set forth the evaluation criteria to be used
in determining product acceptability. The City may require the
submission of bid samples, descriptive literature, technical data, or
other material, and may also provide for accomplishing any of the
following prior to award:
a. Demonstration, inspection or testing of a product prior to
award for such characteristics as quality or workmanship;
b. Examination of such elements as appearance, finish, taste,
or feel; or
c. Other examinations to determine whether the product
conforms with specifications.
2. 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 that does not meet the minimum requirements
shall be rejected. Product rejections are not considered bidder disqualifications
and are not grounds for appeal under ORS 279.043.
D. Determination of Lowest Responsible Bidder. Following determination of
product 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 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
allowances, 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:
1. Be reasonable estimates based upon information the City has
available concerning future use.
2. Treat all bids equitably.
3. Recognize that public policy requires acquisitions and public
improvements to be accomplished at the least cost.
ORS 279.023(1).
E. Restrictions. Nothing in this section shall be deemed to permit contract
award to a bidder submitting a higher quality item than 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.
2.20.095 Low Tie Bids.
A. Definition. Low tie bids are low 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.
B. Award.
1. Low tie bids are subject to the Oregon preference contained in
ORS 279.021(1):
a. "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."
2. Low tie bids that remain tied after application of the statutory
Oregon preference shall be awarded according to the following
sequence:
a. Preference shall be given to the bidder whose principal
offices or headquarters are located in Oregon.
b. 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.
c. If none of the tied bidders is located in Oregon, award of the
contract shall be made by drawing lots.
2.20.100 Rejection of Individual Bids or Proposals.
A. 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 requirements. No bid shall be considered unless
the bid security, properly executed, has been submitted with the bid as
required by the bid documents.
B. Reasons for Rejection. Reasons for rejecting a bid include but are not
limited to:
1. The bidder has not prequalified under ORS 279.039 or the rules in
this chapter, or has been disqualified under ORS 279.037.
2. The bidder has been declared ineligible by the Commissioner of the
Bureau of Labor and Industries under ORS 279.361.
3. The bid is not responsive, because it does not conform in all
material respects to bid documents.
4. 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.
2.20.105 Negotiation With Bidders Prohibited.
Unless a request for proposal is used, the City 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 as set in Chapter 2.22 of this Code.
2.20.110 Bidder Disqualification.
A. Grounds for Disqualification. As provided in ORS 279.037, the following
are grounds for bidder disqualification:
1. 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.
2. The person does not have equipment available to perform the
contract.
3. The person does not have key personnel available of sufficient
experience to perform the contract.
4. The person has repeatedly breached contractual obligations to
public and private contracting agencies.
B. Investigation. The City may make such investigation as is necessary to
determine whether a person is qualified. If a bidder or prospective bidder
fails to supply information promptly as requested by the City, such failure
is grounds for disqualification.
C. Trade Secret. Any information voluntarily submitted by a bidder or
prospective bidder pursuant to an investigation under sub-section (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 person submitting the information and verified to be a
trade secret by the public agency.
D. 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:
1. The effective date of the disqualification and the effective period of
disqualification.
2. The grounds for disqualification from bidding.
3. A statement of the contractor's appeal rights and applicable appeal
deadlines.
E. Appeal of Disqualification. If a contractor wishes to appeal the City's
decision to disqualify, the contractor must notify the City in writing within 3
business days after receipt of the notification.
2.20.115 Cancellation of Invitations to Bid.
A. Cancellation In the Public Interest. An invitation to bid may be canceled in
whole or in part, and all bids may be rejected when it is in the public
interest as determined by the Manager. The reasons, therefore, shall be
made part of the bid file.
B. Notice of Cancellation. When an invitation to bid is canceled prior to bid
opening, notice of cancellation shall be sent to all holders of bid
documents. When an invitation to bid is canceled after bid opening, notice
shall be sent to those bidders who submitted a bid. The notice of
cancellation shall:
1. Identify the invitation to bid; and
2. Briefly explain the reason for cancellation; and
3. Where appropriate, explain that an opportunity will be given to
compete on any resolicitation.
2.20.120 Disposition of Bids or Proposals if Bid Canceled.
A. Prior to Bid Opening. When an invitation for bids is canceled 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.
B. After Bid Opening. When all bids are rejected, the bids received shall be
retained and become part of the City's permanent file.
2.20.125 Documentation of Award.
A. Basis of Award. Following award, a record showing the basis for
determining the successful bidder shall be made a part of the bid file.
B. Contents of Award Record. The record shall consist of:
1. Completed bid tabulation sheet.
2. Written justification for any rejection of lower bids.
2.20.130 Foreign Contractor.
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 information as
the Department 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 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.
2.20.135 Availability of Award Decisions.
A. Contract Documents. A signed purchase order, price agreement, or
contract document, as applicable, shall be sent to the successful bidder.
B. 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 City a written request stating the
bid number and a self-addressed, stamped envelope.
C. Availability of Bid Files. Completed bid files shall be available for public
review at the City.
D. Copies 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.
2.20.140 Performance Security.
A. Public Improvements Contract. 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 $50,000.
B. Other Public Contracts. The City may require performance security for
other public contracts. Such requirements shall be stated in the bid
documents.
C. 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.
D. 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 otherwise specified in the bid documents.
E. 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 may
result in rejection of the bid, and forfeiture of bid security and award to the
next lowest responsible bidder.
2.20.145 Right to Audit Records.
A. 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 such 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 3 years from the date of final payment under the contract, unless a
shorter period is otherwise authorized in writing.
B. Contract Audit. The City shall be entitled to audit the books and records of
a contractor or any subcontractor under any 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 3 years from the date of final payment under
the prime contract and by the subcontractor for a period of 3 years from
the date of final payment under the subcontract, unless a shorter period is
otherwise authorized in writing.
2.20.150 Right to Inspect Plant.
A. 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.
B. Access to Plant or Place of Business. As a condition of bidding, bidders
agree that the City may enter a contractor's or subcontractor's plant or
place of business during normal business hours for the following
purposes:
1. Inspect and/or test supplies or services for acceptance by the City
pursuant to the terms of the bid.
2. Investigate in connection with a bidder's application, a minority
business certification, or bidder qualification.
C. 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.
D. Procedures for Trial Use and Testing. The City may establish operational
procedures governing the testing and trial use of equipment, materials,
and the application of resulting information and data to specifications or
procurements.
E. Conduct of Inspections.
1. Inspectors. Inspections or tests shall be performed so as 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 City
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.
2. 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.
3. 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 reasonable times
during normal business hours.
F. Inspection of Construction Projects. On-site inspection of construction
shall be performed in accordance with the terms of the contract.
2.20.155 Grounds for Contract Cancellation.
A contract may be canceled by the City for any violation of the provisions of the
contract. Such provisions generally include, but are not limited to:
A. Standard terms and conditions included in all contracts.
B. Product or service specifications.
C. Delivery or completion requirements.
D. Contracted pricing and price escalation/de-escalation clauses.
Chapter 2.21
PUBLIC IMPROVEMENT CONTRACTS
(Ord. 5176 §1, 2003)
Sections:
2.21.000 Application.
2.21.005 Competitive Bidding.
2.21.010 Public Notice.
2.21.015 Bid Evaluation and Award.
2.21.020 Contract Cancellation Procedures.
2.21.025 Retainage. (ORS 279.420, 279.575)
2.21.030 Progress Payments. (ORS 279.575)
2.21.035 Final Inspection. (ORS 279.575(3))
2.21.040 Final Estimate and Final Payment. (ORS 279.575(3))
2.21.045 Claims for Unpaid Labor or Supplies.
2.21.000 Application.
In addition to the requirements set forth in Chapter 2.20 through Chapter 2.22,
the following rules apply to public improvement contracts.
2.21.005 Competitive Bidding.
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, 279.056 or the provisions of this code, including Chapter
2.20 and 2.22.
2.21.010 Public Notice.
A. Trade Newspaper Advertisement. In addition to the requirements of
2.20.015, public improvements having an estimated cost in excess of
$50,000 shall be advertised for bids in at least one trade newspaper of
general state-wide circulation.
B. 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:
1. The bid must be for public works as defined in ORS 279.348(3)
which includes construction, reconstruction, major renovation of
painting of roads, highways, buildings, structures and
improvements of all types.
2. The contract price for the project exceeds $25,000.
3. The project is not regulated under the Davis-Bacon Act
(40 USC 276a).
2.21.015 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 by
the bidder with 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.
2.21.020 Contract Cancellation Procedures.
A. Termination Due to Circumstances Beyond the Control of the Contractor.
1. Reasons for Termination. The City may, by written order or upon
written request from the contractor, terminate the contract or a
portion thereof if any of the following occur:
a. The contractor is prevented from completing the work for
reasons beyond the control of the City.
b. Completion of the project is beyond control of the contractor.
c. 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, nonavailability
of materials, phenomenon of nature of
catastrophic proportions or intensity, executive orders of the
President related to national defense, congressional or state
acts related to funding.
2. 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 or
work partially completed. No claim for loss of anticipated profits will
be allowed.
3. 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.
B Termination of Contract for Default.
1. 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 or the instructions 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 the contractor or the surety 7 days' 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 work by whatever method it may
deem expedient.
2. 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 completion of the work, determination shall be
made by the City of the total amount the contractor would have
been entitled to receive for the work, under the 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 expense for additional managerial
and administrative services, such excess will 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.
3. Expense of Completion. The expense incurred by the City shall be
as determined and certified by the City.
4. Refusal to Perform. In addition to and apart from the abovementioned
right of the City to terminate the employment of the
contractor, the contract may be canceled by the City for any willful
failure or refusal on the part of the contractor to perform faithfully
the contract 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 contract.
5. Remedies are Cumulative. The City may, at its discretion, avail
itself of any or all of the above rights or remedies and invoke any
one of the above rights or remedies without prejudice or preclude
the City from subsequently involving any other right or remedy set
forth above or elsewhere in the contract.
2.21.025 Retainage.
A. Retainage of Five Percent. The amount to be retained from any given
progress payment will be such that when added to the sum of amounts
previously retained will equal not more than 5% of the value of completed
work except if the contract work is 50% 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 application shall include written approval of the contractor's surety;
except that when the contract work is 97 1/2% completed, the City may
without application by the contractor, reduce the retained amount to 100%
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.
B. Alternatives to Cash Retainage. In lieu of cash retainage to be held by the
City, the contractor may select one of the following options:
1. Deposit of Securities. The contractor may deposit bonds or
securities with the City or in any bank or trust company to be held
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 and the amount retained on progress
payments will be adjusted accordingly. The bonds and securities
deposited by the contractor shall be fully assigned to the City or be
payable to the City on demand and shall be of a character
approved by the City Manager, including but not limited to the
following:
a. Bills, certificates, notes or bonds of the United States.
b. Other obligations of the United States or its agencies.
c. Obligations of any corporation wholly owned by the Federal
Government.
d. Indebtedness of the Federal National Mortgage Association.
e. 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.
f. Corporation bonds rated A or better by a recognized rating
service.
g. General obligation bonds of the State of Oregon or any
political subdivision thereof.
h. General obligation improvement warrants issued pursuant to
ORS 287.502.
i. Irrevocable letters of credit from a bank doing business in
Oregon.
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.
2. Deposit in Interest-Bearing Accounts. Upon written request of 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.
C. Recovery of Costs. 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.
2.21.030 Progress Payments.
A. 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 such completed work. This request shall
also include an estimate of the amount and 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 completed work,
less such amounts as may have been previously paid, less such other
amounts as may be deductible or as may be owing and due to the City for
any cause, and less in amount to be retained in protection of the City's
interest.
B. Progress Payments Do Not Mean Acceptance 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 defective workmanship or material.
C. 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 payments to
subcontractors, this is at the contractor's own risk, and the contractor shall
bear all loss that may result.
2.21.035 Final Inspection.
A. 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 City, and all certifications, bills,
forms and documents have been submitted properly, such inspection shall
constitute the final inspection.
B. 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.
C. Acknowledgment of Acceptance. Upon satisfactory completion of all work
required under the contract, the City shall acknowledge acceptance of the
work in writing.
2.21.040 Final Estimate and Final Payment.
A. 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.
B. Set-Off of Prior Payments. All prior partial estimates and payments shall
be subject to correction in the final estimate and payment.
C. 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.
2.21.045 Claims for Unpaid Labor or Supplies.
A. Right of Action. As provided 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 in full by the prime
contractor or any subcontractor has a right of action on the contractor's
bond, if a notice of such claim has been filed no later than 120 days after
the day the person last provided labor or furnished materials except if the
claim is for contribution to any employee benefit plan, in which case the
notice shall be no later than 150 days.
B. Notice of Claim. To initiate a claim against the contractor's bond, a person
should file with the Finance Director of the City a Notice of Claim in the
form and manner as set out in G. of this subsection. Any notice of claim
should include the following information:
1. Name and address of the claimant;
2. Name of prime contractor;
3. Title of project and contract date;
4. Name of the public agency; and
5. Name of bonding company (may be obtained from public agency).
C. Response to Notice of Claim. Upon receipt of such Notice of Claim, the
City shall:
1. Send acknowledgment to claimant;
2. Send copy of notice to contractor;
3. File copy of Notice with Secretary of State; and
4. File copy of Notice with bonding (surety) company.
D. Referral to Surety Company. If the contract has been completed and all
funds disbursed to the prime contractor, the City shall refer all claims to
the surety company for resolution. The City shall not arrange for second
payments directly to subcontractors or suppliers for work already paid for
by the City.
E. Discretionary Payment of Claim. If the contract is still in force, the City
may, in accordance with ORS 279.314, pay 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.
F. Liability for 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.
G. Form of Claim.
To: City of Grants Pass
NOTICE IS HEREBY GIVEN that the undersigned, (insert name of
subcontractor or supplier), a (corporation, partnership, sole proprietorship,
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), Grants Pass, Oregon, said contract dated
(insert date) by and between the public agency, as Agent of the State, and
(name of prime contractor), as Contractor.(insert a brief description of the
work concerning which the bond was taken)
DATED this day of , 19 .
BY
(claimant's name and title)
Chapter 2.22
PUBLIC CONTRACT EXEMPTIONS
INTRODUCTION AND DEFINITIONS
GENERAL EXEMPTIONS
(Ord. 4585 §2, 1987; Ord. 5176 §1, 2003)
Sections:
2.22.015 Life Cycle Costing.
2.22.020 Contracts Under Certain Dollar Amounts. (Ord. 4856 §1, 1996)
2.22.025 Request for Proposal.
2.22.030 Emergency Contracts.
2.22.035 Equipment Repair and Overhaul.
2.22.040 Contracts for Price Regulated Items.
2.22.055 Gasoline, Diesel Fuel, Heating Oil, Lubricants and Asphalts.
2.22.060 Copyrighted Materials.
2.22.068 Periodicals.
2.22.075 Purchases of Used Personal Property.
2.22.080 Advertising Contracts.
2.22.090 Investment Contracts.
2.22.092 Personal Service Contracts.
2.22.120 Single Seller of Product Required.
2.22.139 Employee Benefit Insurance.
2.22.140 Insurance Contracts.
2.22.145 Affirmative Action Contracts.
2.22.150 Contract Amendments (Including Change Orders and Extra Work).
2.22.160 Requirements Contracts.
2.22.170 Purchases Under Requirements Contracts.
2.22.180 Specific Exemptions.
2.22.190 Data and Word Processing Contracts.
2.22.200 Telecommunications Systems Contracts.
2.22.210 Specification of Particular Brand Names or Products.
2.22.220 Copyrighted Materials.
2.22.230 Single Manufacturer or Compatible Products.
2.22.240 Product Prequalification.
2.22.250 Brand Name or Mark Exemption Applications.
2.22.260 Conditions of Exemptions.
2.22.270 Auction Sales of Personal Property.
2.22.280 Sales of Personal Property.
2.22.290 Donations of Personal Property.
2.22.300 Bid Security Requirements.
2.22.310 Contracts Under $10,000.
2.22.015 Life Cycle Costing.
A. In determining the lowest responsible bidder, in the award of a contract,
the City may use the concept of life cycle costing if it complies with
Section B. of this rule. As used in this rule, life cycle costing means
determining the cost of a product for its useful life.
B. Prior to the time of writing specifications for the product, the Manager shall
identify those factors which will have cost implications over the life of the
product.
C. The Invitation to Bid shall set out clearly the factors and methodology to
be used in life cycle cost adjustments.
D. At or after the formal bid opening, the results of life cycle costing
adjustments shall be applied to the bid, and the bidder whose total bid
results in the lowest ownership cost, taking into account the life cycle
costing adjustments, shall be considered the lowest responsible bidder.
2.22.020 Contracts Under Certain Dollar Amounts.
A. The Manager may let public contracts not to exceed $25,000 for
automobiles and trucks, and $50,000 for purchase of other goods,
materials, supplies and services without formal competitive bidding, if the
Manager has determined that the awarding of the contract without formal
competitive bidding will result in cost savings and the following conditions
are complied with: (Ord. 4856 §1, 1996)
1. The contract is for a single project, and is not a component of or
related to any other project.
2. When the amount of the contract does not exceed $1,000, the
Manager should, where feasible, obtain competitive quotes.
3. When the amount of the contract is more than $1,000, the Manager
shall obtain a minimum of three competitive quotes. The Manager
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.
B. The Manager may, in his 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 Manager has
determined that the awarding of the contract without formal competitive
bidding will result in cost savings and the following conditions are complied
with:
1. The contract is for a single project, and is not a component of or
related to any other project.
2. When the amount of the contract does not exceed $1,000, the City
should, where feasible, obtain competitive quotes.
3. When the amount of the contract is more than $1,000, but less than
$50,000, except as provided in subsection (4) the Manager shall
obtain a minimum of three competitive quotes. The Manager shall
keep a written record of the source and amount of the quotes
received. If 3 quotes are not available, a lesser number will suffice
provided that a written record is made of the effort to obtain the
quotes.
2.22.025 Request for Proposals.
The City may, at its discretion, use request-for-proposal competitive procurement
methods subject to the following conditions:
A. Contractual requirements are stated clearly in the solicitation document.
B. Evaluation criteria to be applied in awarding the contract and the role of an
evaluation committee, if any, are stated clearly in the solicitation
document.
1. Criteria used to identify the proposal that best meets the public
contracting needs may include but are not limited to cost, quality,
service, compatibility, product reliability, operating efficiency and
expansion potential.
C. Solicitation document clearly states all complaint processes and remedies
available.
D. Solicitation document states the provisions made for vendors to comment
on any specifications which they feel limit competition.
2.22.030 Emergencies.
A. The Grants Pass Council may, in its discretion, let public contracts without
formal competitive bidding if an emergency exists and the emergency
consists of circumstances that could not have been reasonably foreseen
and requires prompt execution of a contract to remedy the condition.
B. The Grants Pass Council shall adopt a resolution indicating the existence
of the emergency stating with specificity the emergency conditions
necessitating the prompt execution of the contract.
C. Any contract awarded under this exemption shall be awarded within 60
days following declaration of the emergency unless an extension is
granted pursuant to ORS 279.015(4).
2.22.035 Equipment Repair and Overhaul.
A. Contracts for equipment repair or overhaul may be let without formal
competitive bidding, subject to the following conditions:
1. Service and/or parts required are unknown and the cost cannot be
determined without extensive preliminary dismantling or testing; or
2. Service and/or parts required are for sophisticated equipment for
which specially trained personnel are required and such personnel
are available from only one source.
B. If the contract exceeds $25,000, the Manager shall document in its
procurement file the reasons why competitive bids or quotes were deemed
to be impractical.
2.22.040 Contracts for Price Regulated Items.
The City may, without competitive bidding, contract for the direct 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.
2.22.055 Gasoline, Diesel Fuel, Heating Oil, Lubricants and Asphalts.
The City is exempt from formal competitive bidding requirements for the
purchase of gasoline, diesel fuel, heating oil, lubricants and asphalts if the City
seeks competitive quotes from a majority of vendors in the area, makes its
purchases from the least expensive source, and retains written justification for
the purchase made.
2.22.060 Copyrighted Materials.
If the contract is for the purchase of copyrighted materials and there is only one
known supplier available for such goods, the Manager may contract for the
purchase of the goods without competitive bidding.
2.22.068 Periodicals.
The City may purchase subscriptions for periodicals, including journals,
magazines, and similar publications without competitive bidding.
2.22.075 Purchases of Used Personal Property.
The Manager may purchase used personal property for $25,000 or less without
competitive bidding if the Manager has determined that the direct purchase
without competitive bidding will result in cost savings. For purchases of used
personal property over $25,000, three competitive quotes shall be obtained. If
three quotes are not available, a written record must be made of the attempt to
obtain quotes. Purchases in excess of $50,000 shall be formally bid or procured
through competitive proposal in accord with this code.
2.22.080 Advertising Contracts.
The Manager may purchase advertising without competitive bidding.
2.22.090 Investment Contracts.
The Finance Director 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 of funds is contracted pursuant to duly enacted
administrative regulations, Council resolutions, statute, ordinance, charter, or
constitution.
2.22.092 Personal Service Contracts.
A. The following are personal service contracts:
1. Contracts for services performed as an independent contractor in a
professional capacity, including but not limited to the services of an
accountant; attorney; architectural or land use planning consultant;
physician or dentist; registered professional engineer; appraiser or
surveyor; passenger aircraft pilot; aerial photographer; timber
cruiser; data processing consultant or broadcaster.
2. Contracts for services as an artist in the performing or fine arts,
including but not limited to persons identified as photographer,
filmmaker, painter, weaver or sculptor.
3. Contracts for services of a specialized, creative and researchoriented,
noncommercial nature.
4. Contracts for services as a consultant.
5. Contracts for educational and human custodial care services.
B. The Following are not personal service contracts:
1. Contracts, even though in a professional capacity, if predominantly
for a product, e.g., a contract with a landscape architect to design a
garden is for personal services, but a contract to design a garden
and supply all the shrubs and trees is predominantly for a tangible
product.
2. A service contract to supply labor which is of a type that can
generally be done by any competent worker, e.g., janitorial, security
guard, crop spraying, laundry and landscape maintenance service
contracts.
3. Contracts for trade-related activities considered to be labor and
material contracts.
4. Contracts 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 types of equipment or structures.
2.22.120 Single Seller of Product Required.
Subject to the requirements of rule 2.22.230, 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.
2.22.139 Employee Benefit Insurance.
The City may purchase employee benefit insurance without competitive bidding.
2.22.140 Insurance Contracts.
A. Agent of Record: The Manager may appoint a licensed insurance agent
("agent of record") to perform insurance services in connection with more
than one insurance contract. Among the services to be provided is the
securing of competitive proposals from insurance carriers for all coverages
for which the agency of record is given responsibility:
1. Prior to the selection of an agent of record, the Manager shall make
reasonable efforts to inform known insurance agents in the
competitive market area that it is considering such selection.
These efforts shall include a public advertisement in any newspaper
of general circulation in the City. The advertisement shall generally
describe the nature of the insurance that the City will require.
2. In selecting an agent of record, the Manager shall select the
agent(s) most likely to perform the most cost-effective services.
B. Specific Proposals for Insurance Contracts. The Manager may solicit
proposals from licensed insurance agents for the purpose of acquiring
specific insurance contracts subject to the following conditions:
1. The Manager shall make reasonable efforts to inform known
insurance agents in the competitive market area of the subject
matter of the contract, and to solicit proposals for providing the
services required in connection with the contract. Such efforts shall
include public advertisements in a newspaper of general circulation.
2. The Manager shall select an agent on the basis of the most
competitive offer considering coverage, premium cost, and service
to be provided.
2.22.145 Affirmative Action Contracts.
Public contracts may be let without competitive bidding if the letting of the
contract is 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, personal
practices of contractors, "set-aside" programs and minority business enterprises.
2.22.150 Contract Amendments (Including Change Orders and Extra Work).
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.
2.22.160 Requirements Contracts.
A. The City may enter into requirements contracts whereby it is agreed to
purchase requirements for an anticipated need at a predetermined price
providing the following conditions are complied with:
1. The contract must be let by competitive procurement process
pursuant to the requirements of these rules.
2. The term of the contract including renewals does not exceed three
years.
2.22.170 Purchases Under Requirements Contracts.
A. When the price of goods and services has been established by a
requirements contract pursuant to rule 2.22.160, the City may purchase
the goods and services from the supplier without subsequent competitive
bidding.
B. The City may use the requirements contract entered into by another public
contracting agency when a formal inter-agency agreement exists between
the two agencies.
2.22.180 Specific Exemptions.
A. The Manager may request a ruling from the Public Contract Review Board
exempting a particular contract or contracts from the bidding requirements
of ORS 279.015 which are not otherwise exempted under these rules.
The request shall contain the following:
1. The nature of the project;
2. Estimated cost of the project;
3. A narrative description of the cost savings anticipated by the
exemption from competitive bidding and the reasons competitive
bidding would be inappropriate;
4. Proposed alternative contracting and purchasing practices to be
employed; and
5. The estimated date by which it would be necessary to let the
contract.
B. The Contract Review Board may require such additional information as is
deemed necessary to determine whether a specific contract is to be
exempt from competitive bidding.
2.22.190 Data and Word Processing Contracts.
Contract for acquisition of data and word processing hardware and systems
software may be let using alternate competitive procurement methods subject to
the following conditions:
A. If the contract amount does not exceed $50,000, 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 City.
B. If the contract amount exceeds $50,000, the City may use the request for
proposal process (rule 2.22.025) and shall solicit written proposals.
Solicitations shall be requested from appropriate vendors appearing on
lists compiled by the Manager 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 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;
2. Provide that residual values be considered only if they are clearly
ascertainable; and
3. Provide that cost of conversion will be minimized by the City.
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.
2.22.200 Telecommunications Systems Contracts.
A. Contracts for acquisition of telecommunications system hardware and
software may be let using alternate competitive procurement methods
subject to the following conditions:
1. If the contract amount does not exceed $50,000, the City shall as a
minimum obtain competitive quotes. 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 City.
2. If the contract amount exceeds $50,000, the City may use the
request-for-proposal process (rule 2.22.025) and shall solicit written
proposals. Solicitations shall be requested from appropriate
vendors appearing on lists compiled by the Manager or by
advertising in an appropriate trade publication of general circulation
when required by statute.
B. The telecommunications solicitation authorized in subsection A.2. shall:
1. State the contractual requirements in the solicitations document.
2. 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 the City's needs may
include, but are not limited to cost, quality, service, compatibility,
product reliability, operating efficiency, and expansion potential.
3. State the provisions made for vendors to comment on any
specifications which they feel limit competition.
2.22.210 Specification of Particular Brand Names or Products.
A. Specifications for public contracts shall not expressly or implicitly require
any product of any particular manufacturer or seller except pursuant to an
exemption under this chapter.
B. If there is no other practical method of specification, the City may
designate a particular brand name, make, or product "or equal," but this
practice should be avoided whenever practicable.
2.22.220 Copyrighted Materials.
The City may specify a specific copyrighted product. This exemption does not
include patented or trade mark goods.
2.22.230 Single Manufacturer or Compatible Products.
A. If there is only one manufacturer 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, the City may specify such
particular product subject to the following conditions:
1. The product is selected on the basis of the most competitive offer
considering quality and cost. The term "cost" includes not only the
product price but also other items of expense such as costs related
to quality or conversion.
2. Prior to awarding the contract, the City has made reasonable effort
to notify all known vendors of competing or comparable products of
the intended specifications and invited such vendors to submit
competing proposals. If the purchase does not exceed $50,000
such notice and invitation may be informal. If the amount of the
purchase exceeds $50,000, such notice shall include advertisement
in the local newspaper of general circulation.
B. If the amount of the purchase exceeds $50,000, and is not also pursuant
to the data and word processing exemption, rule 2.22.290, the City shall
document its actions in the bid file. Such documentation shall include:
1. A brief description of the proposed contract or contracts.
2. 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
City to notify and invite proposals from competing vendors.
C. 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 subsection A.2. and section B., and such
documentation shall be sufficient notice as to subsequent purchases.
2.22.240 Product Prequalification.
A. When it is impractical to create specific design or performance
specifications for a type of product to be purchased, a City may specify a
list of approved products by reference to particular manufacturers or
sellers in accordance with the following product prequalification procedure:
1. The Manager has made reasonable efforts to notify all 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, a Manager
may notify vendors and manufacturers appearing on the
appropriate list maintained by the City.
2. The Manager permits application for prequalification of similar
products up to 15 days prior to advertisement for bids on the
product.
B. If an application for inclusion in a list of prequalified products is denied, or
an existing prequalification revoked, the Manager shall notify the applicant
in writing. The applicant may appeal to the Contract Review Board.
2.22.250 Brand Name or Mark Exemption Applications.
The Manager may apply for and receive a brand name or make exemption ruling
from the Board for current and contemplated future purchases. Applications shall
contain the following information:
A. A brief description of the 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 agency is seeking the exemption.
2.22.260 Conditions of Exemptions.
The Board may grant exemptions if any of 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 supplies.
C. The exemption is requested for the purchase of a particular product to be
used in an experimental project.
2.22.270 Auction Sales of Personal Property.
Personal property may be sold at auction if the Manager determines that the
auction contemplated will probably result in a higher net return than if the
property were sold by competitive written bid.
2.22.280 Sales of Personal Property.
The City may sell personal property, without formal competitive bidding if the
Manager has determined that a negotiated sale will result in increased net
revenue and the following conditions are complied with:
A. When the current market value per item is deemed to be less than $1,000,
the Manager may establish a selling price, schedule and advertise a sale
date, and sell to the first qualified buyer meeting the sale terms; or
B. When the current value per item is deemed to exceed $1,000 the personal
property must be offered for competitive written bid and be advertised in
accordance with ORS 279.025, or be offered for sale at public auction in
accordance with 2.22.270. 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 Manager may
negotiate a sale subject to the following conditions:
1. An appraisal of the market value of the property is obtained and
documented and the negotiated sale price exceeds the market
value; or
2. The sale amount exceeds the highest bid received through the
bidding or auction process.
2.22.290 Donations of Personal Property.
A. The Manager may transfer personal property, including recyclable or
reclaimed materials, without remuneration or only nominal remuneration
without competitive bids to the following activities:
1. Another public agency; or
2. Any sheltered workshop, work activity center or group care home
which operates under contract or agreement with, or grant from,
any state agency and which is certified to receive federal surplus
property; or
3. Any recognized non-profit activity which is certified to receive
federal surplus property.
B. 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:
1. A determination has been made that the property is not needed for
other public purposes;
2. If the property has a current market value of $250 or more, the
donation or sale shall:
a. be approved by the Manager;
b. be documented by the Manager to be clearly in the public
interest.
3. The Manager determines this is the most efficient and cost-effective
method for disposing of the property.
C. The City shall maintain a record of all transfers, donations or sales
authorized by subsections A. and B. of this section.
2.22.300 Bid Security Requirements.
A City may, in its discretion, waive the bid security requirements of ORS 279.027
for contracts other than those for public improvements.
2.22.310 Contracts Under $50,000.
The City may, in its discretion, waive the bid security requirements of ORS 279.027
and performance bond requirements of ORS 279.029 if the amount of the contract for
the public improvement is less than $50,000.
Chapter 2.32
PERSONNEL
Sections:
2.32.010 Short Title.
2.32.020 Purpose.
2.32.030 Adoption and Amendment of Rules.
2.32.040 Administrative Authority.
2.32.010 Title.
The title of this chapter shall be "The Personnel Ordinance of the City of Grants
Pass." (Ord. 4349 §1, 1980)
2.32.020 Purpose.
This chapter is adopted to establish equitable and uniform procedures and
standards for dealing with personnel matters; to attract to municipal service and
to retain the best and most competent persons available; to assure that
appointments and promotions of employees will be based on merit and fitness;
and to provide a reasonable degree of job security for qualified employees. This
chapter is not adopted to directly or indirectly influence the City Manager in his
appointment, termination or discipline of employees; rather, this chapter is to
provide the City Manager with the procedures and standards necessary to fulfill
his City Charter responsibilities. (Ord. 4349 §2, 1980)
2.32.030 Adoption and Amendment of Rules.
Personnel rules shall be adopted and amended by resolution of the Council. The
rules shall provide means to recruit, select, develop, and maintain an effective
and responsive work force, and shall include policies and procedures for
employee hiring and advancement, training and career development, job
classification, salary administration, retirement, fringe benefits, discipline,
discharge, and other related activities. All appointments and promotions shall be
made in accordance with the personnel rules without regard to sex, race, color,
age, religion or political affiliation; and, furthermore, shall be based on merit and
fitness. The Council shall in no way interfere, directly or indirectly, with the City
Manager's charter responsibilities to administer such personnel rules. (Ord. 4349
§3, 1980)
2.32.040 Administrative Authority.
The City Manager shall be responsible for:
A. Administering all the provisions of this chapter and of the personnel rules;
and
B. Preparing or causing to be prepared and recommending to the City
Council personnel rules and revisions and amendments to such rules.
(Ord. 4349 §4, 1980)
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