HomeMy WebLinkAboutCouncil Resolution 1340RESOLUTION NO. \: LD
A RESOLUTION ADOPTING PUBLIC CONTRACTING RULES
Recitals:
These public contracting rules are authorized by ORS Chapter 279C and
Chapter 2.40 of the Central Point Municipal Code (CPMC). These rules were
previously set forth in CPMC Chapter 2.40 which was recently revised to permit
these rules to be adopted by resolution.
The City of Central Point resolves:
Rule 1. Definitions. For the purpose of, these rules the following definitions apply:
Capitalized terms used in these rules have the meaning set forth in the Model
Rules and if not defined there, the meaning set forth in ORS Chapter 279A. The
following terms have the meaning given below:
"Concession agreement" means a contract that authorizes and requires a
private entity or individual to promote or sell, for its own business purposes,
specified types of goods or services from real property owned or managed by the
city of Central Point, and under which the concessionaire makes payments to the
city of Central Point based, at least in part, on the concessionaire's revenues or
sales. The term "concession agreement" does not include a mere rental
agreement, license or lease for the use of premises.
"Contract review board" or "local contract review board" means the city
council.
"Debarment" means a declaration by the purchasing agent under ORS
279B.130 or 279C.440 that prohibits a potential contractor from competing for the
city of Central Point's public contracts for a prescribed period of time.
"Disposal" means any arrangement for the transfer of property by the city of
Central Point under which the city of Central Point relinquishes ownership.
"Informal solicitation" means a solicitation made in accordance with the city of
Central Point's public contracting rules to a limited number of potential
contractors, in which the solicitation agent attempts to obtain at least three
written quotes or proposals.
"Model Rules" means the public contracting rules adopted by the attorney
general under ORS 279A.065.
"Oregon Public Contracting Code" means ORS Chapters 279A, 279B and
279C.
Resolution No. 1340 (072612) Pg. 1
"Proposal" means a binding offer to provide goods, services or public
improvements with the understanding that acceptance will depend on the
evaluation of factors other than, or in addition to, price. A proposal may be made
in response to a request for proposals or under an informal solicitation.
"Personal services contract" means a contract with an independent contractor
predominantly for services that require special training or certification; skill;
technical, creative, professional or communication skills or talents; unique and
specialized knowledge; or the exercise of judgment skills, and for which the
quality of the service depends on attributes that are unique to the service
provider. Such services include, but are not limited to, the services of architects,
engineers, land surveyors, attorneys, auditors and other licensed professionals,
artists, designers, computer programmers, performers, consultants and property
managers. The purchasing agent shall have discretion to determine whether
additional types of services not specifically mentioned in this paragraph fit within
the definition of personal services.
"Solicitation" means an invitation to one or more potential contractors to submit
a bid, proposal, quote, statement of qualifications or letter of interest to the city of
Central Point with respect to a proposed project, procurement or other
contracting opportunity. The word "solicitation" also refers to the process by
which the city of Central Point requests, receives and evaluates potential
contractors and awards public contracts.
"Solicitation agent" means, with respect to a particular solicitation, the city
manager or person designated by the city manager to conduct the solicitation
and make an award.
"Solicitation documents" means all informational materials issued by the city of
Central Point for a solicitation, including, but not limited to, advertisements,
instructions, submission requirements and schedules, award criteria, contract
terms and specifications, and all laws, regulations and documents incorporated
by reference.
"Standards of responsibility" means the qualifications of eligibility for award of
a public contract. An offeror meets the standards of responsibility if the offeror
has:
1. Available the appropriate financial, material, equipment, facility and
personnel resources and expertise, or ability to obtain the resources and
expertise, necessary to indicate the capability of the offeror to meet all
contractual responsibilities;
2. A satisfactory record of performance. The solicitation agent shall
document the record of performance of an offeror if the solicitation agent
finds the offeror to be not responsible under this definition;
Resolution No. 1340 (072612) Pg. 2
3. A satisfactory record of integrity. The solicitation agent shall document
the record of integrity of an offeror if the solicitation agent finds the offeror
to be not responsible under this definition;
4. Qualified legally to contract with the city of Central Point;
5. Supplied all necessary information in connection with the inquiry
concerning responsibility. If an offeror fails to promptly supply information
requested by the solicitation agent concerning responsibility, the
solicitation agent shall base the determination of responsibility upon any
available information or may find the offeror nonresponsible; and
6. Not been debarred by the city of Central Point, and, in the case of
public improvement contracts, has not been listed by the construction
contractors board as a contractor who is not qualified to hold a public
improvement contract.
"Surplus property" means personal property owned by the city of Central Point
which is no longer needed for use by the department to which such property has
been assigned. (Ord. 1872 (part), 2006).
Rule 2. Public contracts --Process for approval of special solicitation
methods and exemptions.
A. Authority of the City Council. In its capacity as contract review board for the
city of Central Point, the city council, upon its own initiative or upon request of the
purchasing agent, may create special selection, evaluation and award
procedures for, or may exempt from competition, the award of a specific contract
or class of contracts as provided in this section.
B. Basis for Approval. The approval of a special solicitation method or
exemption from competition must be based upon a record before the city council
that contains the following:
1. The nature of the contract or class of contracts for which the special
solicitation or exemption is requested;
2. The estimated contract price or cost of the project, if relevant;
3. Findings to support the substantial cost savings, enhancement in
quality or performance or other public benefit anticipated by the proposed
selection method or exemption from competitive solicitation;
4. Findings to support the reason that approval of the request would be
unlikely to encourage favoritism or diminish competition for the public
contract or class of public contracts, or would otherwise substantially
Resolution No. 1340 (072612) Pg. 3
promote the public interest in a manner that could not practicably be
realized by complying with the solicitation requirements that would
otherwise be applicable under these regulations;
5. A description of the proposed alternative contracting methods to be
employed; and
6. The estimated date by which it would be necessary to let the
contract(s). In making a determination regarding a special selection
method, the city council may consider the type, cost, amount of the
contract or class of contracts, number of persons available to make offers,
and such other factors as it may deem appropriate.
C. Hearing.
1. The city of Central Point shall approve the special solicitation or
exemption after a public hearing before the city council following notice by
publication in at least one newspaper of general circulation in the city of
Central Point area.
2. At the public hearing, the city of Central Point shall offer an opportunity
for any interested party to appear and present comment.
3. The city council will consider the findings and may approve the
exemption as proposed or as modified by the city council after providing
an opportunity for public comment.
D. Special Requirements for Public Improvement Contracts.
1. Notification of the public hearing for exemption of a public improvement
contract, or class of public improvement contracts, shall be published in a
trade newspaper of general statewide circulation at least fourteen days
prior to the hearing.
2. The notice shall state that the public hearing is for the purpose of
taking comments on the city of Central Point's draft findings for an
exemption from the standard solicitation method. At the time of the notice,
copies of the draft findings shall be made available to the public.
E. Commencement of Solicitation Prior to Approval. A solicitation may be issued
prior to the approval of a special exemption under this section; provided, that the
closing of the solicitation may not be earlier than five days after the date of the
hearing at which the city council approves the exemption. If the city council fails
to approve a requested exemption, or requires the use of a solicitation procedure
other than the procedures described in the issued solicitation documents, the
issued solicitation may either be modified by addendum or cancelled. (Ord. 1872
(part), 2006).
Resolution No. 1340 (072612) Pg. 4
Rule 3. Public contracts --Solicitation methods for classes of contracts. The
following classes of public contracts and the method(s) that are approved
for the award of each of the classes are hereby established by the city
council.
A. Purchases from Nonprofit Agencies for Disabled Individuals. The city of
Central Point shall give a preference to goods, services and public improvements
available from qualified nonprofit agencies for disabled individuals in accordance
with the provisions of ORS 279.835 through 279.850.
B. Public Improvement Contracts.
1. Any Public Improvement. Unless otherwise provided in these
regulations or approved for a special exemption, public improvement
contracts in any amount may be issued under an invitation to bid.
2. Nontransportation Public Improvements up to $100,000. Public
improvement contracts other than contracts for a highway, bridge or other
transportation project for which the estimated contract price does not
exceed $100,000 may be awarded using an informal solicitation for
quotes.
3. Transportation Public Improvements up to $50,000. Contracts for
which the estimated contract price does not exceed $50,000 for highways,
bridges or other transportation projects may be awarded using an informal
solicitation for quotes.
4. City of Central Point -Funded Privately Constructed Public
Improvements. The City of Central Point may contribute funding to a
privately constructed public improvement project without subjecting the
project to competitive solicitation requirements if all of the following
conditions are met with respect to the entire public improvement project:
a. The City of Central Point's contribution to the project may not
exceed 25% of the total cost of the project;
b. The city of Central Point must comply with all applicable laws
concerning the reporting of the project to the Bureau of Labor and
Industries as a public works project;
c. The general contractor for the project must agree in writing to
comply with all applicable laws concerning reporting and payment
of prevailing wages for the project;
d. The funds contributed to the project may not provide a pecuniary
benefit to the owner of the development for which the project is
Resolution No. 1340 (072612) Pg. 5
being constructed, other than benefits that are shared by all
members of the community;
e. The performance of the general contractor and the payment of
labor for the project must be secured by performance and payment
bonds or other cash equivalent security that is acceptable to the
purchasing agent to protect the city of Central Point against
defective performance and claims for payment; and
f. The contract for construction of the project must be amended, as
necessary, to require the general contractor to maintain adequate
workers' compensation and liability insurance and to protect and
provide indemnification to the city of Central Point for all claims for
payment, injury or property damage arising from or related to the
construction of the project.
C. Personal Services Contracts. Except as otherwise provided in these
regulation, personal services contracts may be awarded in the same manner as
contracts for services under ORS 27913.050 and 279B.060 through 279B.085.
1. Any Personal Services Contract. Personal services contracts in any
amount may be awarded under a publicly advertised request for
competitive sealed proposals.
2. Personal Service Contracts Not Exceeding $150,000. Contracts for
personal services for which the estimated contract price does not exceed
$150,000 may be awarded using an informal solicitation for proposals.
3. Seventy -Five Thousand Dollar Award from Qualified Pool. Contracts
for personal services for which the estimated contract price does not
exceed $75,000 may be awarded by direct appointment without
competition from a qualified pool.
4. Personal Service Contracts Not Exceeding $20,000 per Year.
Contracts for which the solicitation agent estimates that payments will not
exceed $20,000 in any fiscal year or $150,000 over the full term, including
optional renewals, may be awarded under any method deemed in the city
of Central Point's best interest by the solicitation agent, including by direct
appointment.
5. Personal Service Contracts for Continuation of Work. Contracts of not
more than $150,000 for the continuation of work by a contractor who
performed preliminary studies, analysis or planning for the work under a
prior contract may be awarded without competition if the prior contract was
awarded under a competitive process and the solicitation agent
determines that use of the original contractor will significantly reduce the
costs of, or risks associated with, the work.
Resolution No. 1340 (072612) Pg. 6
D. Hybrid Contracts. The following classes of contracts include elements of
construction of public improvements as well as personal services and may be
awarded under a request for proposals, unless exempt from competitive
solicitation.
1. Design/Build and CM/GC Contracts. Contracts for the construction of
public improvements using a design/build or construction manager/general
contractor construction method shall be awarded under a request for
proposals. The determination to construct a project using a design/build
or construction manager/general contractor construction method must be
approved by the city council or designee, upon application of the
solicitation agent, in which the solicitation agent submits facts that support
a finding that the construction of the improvement under the proposed
method is likely to result in cost savings, higher quality, reduced errors, or
other benefits to the city of Central Point.
2. Energy Savings Performance Contracts. Unless the contract qualifies
for award under another classification in this section, contractors for
energy savings performance contracts shall be selected under a request
for proposals in accordance with the city of Central Point's public
contracting rules.
E. Contracts for Goods and Services.
1. Any Procurement. The procurement of goods or services, or goods
and services, in any amount may be made under either an invitation to bid
or a request for proposals.
2. Procurements up to $150,000. The procurement of goods or services,
or goods and services, for which the estimated contract price does not
exceed $150,000 may be made under an informal solicitation for either
quotes or proposals.
F. Contracts Subiect to Award at Solicitation Agent's Discretion. The following
classes of contracts may be awarded in any manner which the solicitation agent
deems appropriate to the city of Central Point's needs, including by direct
appointment or purchase. Except where otherwise provided, the solicitation
agent shall make a record of the method of award.
1. Advertising. Contracts for the placing of notice or advertisements in
any medium.
2. Amendments. Contract amendments shall not be considered to be
separate contracts if made in accordance with the public contracting rules.
3. Animals. Contracts for the purchase of animals.
Resolution No. 1340 (072612) Pg. 7
4. Contracts up to $5,000. Contracts of any type for which the contract
price does not exceed $5,000 without a record of the method of award.
5. Copyrighted Materials --Library Materials. Contracts for the acquisition
of materials entitled to copyright, including, but not limited to, works of art
and design, literature and music, or materials, even if not entitled to
copyright, purchased for use as library lending materials.
6. Equipment Repair. Contracts for equipment repair or overhauling,
provided the service or parts required are unknown and the cost cannot be
determined without extensive preliminary dismantling or testing.
7. Government -Regulated Items. Contracts for the purchase of items for
which prices or selection of suppliers are regulated by a governmental
authority.
8. Insurance. Insurance and service contracts as provided for under ORS
414.115, 414.125, 414.135 and 414.145.
9. Nonowned Property. Contracts or arrangements for the sale or other
disposal of abandoned property or other personal property not owned by
the city of Central Point.
10. Sole Source Contracts. Contracts for goods or services which are
available from a single source may be awarded without competition.
11. Specialty Goods for Resale. Contracts for the purchase of specialty
goods by the city of Central Point for resale to consumers.
12. Sponsor Agreements. Sponsorship agreements under which the City
of Central Point receives a gift or donation in exchange for recognition of
the donor.
13. Structures. Contracts for the disposal of structures located on City of
Central Point -owned property.
14. Renewals. Contracts that are being renewed in accordance with their
terms are not considered to be newly issued contracts and are not subject
to competitive procurement procedures.
15. Temporary Extensions or Renewals. Contracts for a single period of
one year or less, for the temporary extension or renewal of an expiring
and nonrenewable, or recently expired, contract, other than a contract for
public improvements.
16. Temporary Use of City of Central Point -Owned Property. The City of
Resolution No. 1340 (072612) Pg. 8
Central Point may negotiate and enter into a license, permit or other
contract for the temporary use of city of Central Point -owned property
without using a competitive selection process if:
a. The contract results from an unsolicited proposal to the City of
Central Point based on the unique attributes of the property or the
unique needs of the proposer;
b. The proposed use of the property is consistent with the City of
Central Point's use of the property and the public interest; and
c. The City of Central Point reserves the right to terminate the
contract without penalty, in the event that the city of Central Point
determines that the contract is no longer consistent with the city of
Central Point's present or planned use of the property or the public
interest.
17. Used Property. A solicitation agent, for procurements up to $20,000,
and the purchasing agent, for procurements in excess of $20,000, may
contract for the purchase of used property by negotiation if such property
is suitable for the City of Central Point's needs and can be purchased for a
lower cost than substantially similar new property. For this purpose the
cost of used property shall be based upon the life -cycle cost of the
property over the period for which the property will be used by the city of
Central Point. The purchasing agent shall record the findings that support
the purchase.
18. Utilities. Contracts for the purchase of steam, power, heat, water,
telecommunications services, and other utilities.
G. Contracts Required by Emergency Circumstances.
1. In general. When an official with authority to enter into a contract on
behalf of the City of Central Point determines that immediate execution of
a contract within the official's authority is necessary to prevent substantial
damage or injury to persons or property, the official may execute the
contract without competitive selection and award or city council approval,
but, where time permits, the official shall attempt to use competitive price
and quality evaluation before selecting an emergency contractor.
2. Reporting. An official who enters into an emergency contract shall, as
soon as possible, in light of the emergency circumstances: (a) document
the nature of the emergency, the method used for selection of the
particular contractor and the reason why the selection method was
deemed in the best interest of the city of Central Point and the public; and
(b) notify the city council of the facts and circumstances surrounding the
emergency execution of the contract.
Resolution No. 1340 (072612) Pg. 9
3. Emergency Public Improvement Contracts. A public improvement
contract may only be awarded under emergency circumstances if the city
council has made a written declaration of emergency. Any public
improvement contract award under emergency conditions must be
awarded within sixty days following the declaration of an emergency
unless the city council grants an extension of the emergency period.
Where the time delay needed to obtain a payment or performance bond
for the contract could result in injury or substantial property damage, the
city council may waive the requirement for all or a portion of required
performance and payment bonds.
H. Federal Purchasing Programs. Goods and services may be purchased
without competitive procedures under a local government purchasing program
administered by the United States General Services Administration (GSA).
I. Cooperative Procurement Contracts. Cooperative procurements may be
made without competitive solicitation as provided in the Oregon Public
Contracting Code.
J. Surplus Property.
1. General Methods. Surplus property may be disposed of by any of the
following methods upon a determination by the solicitation agent that the
method of disposal is in the best interest of the city of Central Point.
Factors that may be considered by the solicitation agent include costs of
sale, administrative costs, and public benefits to the city of Central Point.
The solicitation agent shall maintain a record of the reason for the disposal
method selected and the manner of disposal, including the name of the
person to whom the surplus property was transferred.
a. Governments. Without competition, by transfer or sale to
another city of Central Point department or public agency.
b. Auction. By publicly advertised auction to the highest bidder.
c. Bids. By publicly advertised invitation to bid.
d. Liquidation Sale. By liquidation sale using a commercially
recognized third -party liquidator selected in accordance with rules
for the award of personal services contracts.
e. Fixed Price Sale. The solicitation agent may establish a selling
price based upon an independent appraisal or published schedule
of values generally accepted by the insurance industry, schedule
and advertise a sale date, and sell to the first buyer meeting the
sales terms.
Resolution No. 1340 (072612) Pg. 10
f. Trade -In. By trade-in, in conjunction with acquisition of other
price -based items under a competitive solicitation. The solicitation
shall require the offer to state the total value assigned to the
surplus property to be traded.
g. Donation. By donation to any organization operating within or
providing a service to residents of the city of Central Point which is
recognized by the Internal Revenue Service as an organization
described in Section 501(c)(3) of the Internal Revenue Code of
1986, as amended.
2. Disposal of Property with Minimal Value. Surplus property which has a
value of less than $500, or, for which the costs of sale are likely to exceed
sale proceeds, may be disposed of by any means determined to be cost
effective, including by disposal as waste. The official making the disposal
shall make a record of the value of the item and the manner of disposal.
3. Personal -Use Items. An item (or indivisible set) of specialized and
personal use, other than police officers' handguns, with a current value of
less than $100 may be sold to the employee or retired or terminated
employee for whose use it was purchased. These items may be sold for
fair market value without bid and by a process deemed most efficient by
the purchasing agent.
4. Police Officers' Handguns. Upon honorable retirement from service
with the city of Central Point, a police officer may purchase the handgun
that she or he was using at the time of retirement. The purchase price
shall be the fair market value of the handgun as determined by an
independent appraisal performed by a qualified weapons appraiser. An
officer electing to exercise this option shall notify the city of Central Point
at least thirty days prior to his or her expected retirement date and request
an appraisal of the handgun. Upon receipt of the appraisal fee from the
officer the city of Central Point shall arrange for the appraisal. A copy of
the completed appraisal shall be provided to the officer, who shall have up
to thirty days from the date of retirement to purchase the handgun for the
appraised fair market value.
5. Restriction on Sale to City of Central Point Employees. City of Central
Point employees shall not be restricted from competing, as members of
the public, for the purchase of publicly sold surplus property, but shall not
be permitted to offer to purchase property to be sold to the first qualifying
bidder until at least three days after the first date on which notice of the
sale is first publicly advertised.
6. Conveyance to Purchaser. Upon the consummation of a sale of
surplus personal property, the city of Central Point shall make, execute
Resolution No. 1340 (072612) Pg. 11
and deliver a bill of sale signed on behalf of the city of Central Point,
conveying the property in question to the purchaser and delivering
possession, or the right to take possession, of the property to the
purchaser.
K. Concession Agreements.
1. General. No part of a concession agreement shall contain or constitute
a waiver of any generally applicable rules, code provisions or
requirements of the city of Central Point concerning regulation,
registration, licensing, inspection, or permit requirements for any
construction, rental or business activity.
2. Classes of Contracts Eligible for Award without Competition. The
following concession agreements may be awarded by any method
deemed appropriate by the solicitation agent, including, without limitation,
by direct appointment, private negotiation, from a qualified pool, or using a
competitive process.
a. Contracts under $5,000. Contracts under which the solicitation
agent estimates that receipts by the city of Central Point will not
exceed 5,000 in any fiscal year and $50,000 in the aggregate.
b. Single -Event Concessions. Concessions to sell or promote food,
beverages, merchandise or services at a single public event shall
be awarded based on any method determined by the purchasing
agent to provide a fair opportunity to all persons desiring to operate
a concession, but in which the promotion of the public interest and
success of the event shall be of predominant importance.
3. Competitive Award. Concession agreements solicited by the city of
Central Point for the use of designated public premises for a term greater
than a single event shall be awarded as follows:
a. Small Concessions. For concession agreements for which the
concessionaire's projected annual gross revenues are estimated to
be $500,000 or less, the purchasing agent has discretion to use
either an informal solicitation or formal request for proposals
process applicable to contracts for personal services. If the
proposals received indicate a probability that the concessionaire's
annual gross revenues will exceed $500,000, the solicitation agent
may, but shall not be required to, reissue the solicitation as a
request for proposals.
b. Major Concessions. Concession agreements for which the
concessionaire's projected annual gross revenues under the
contract are estimated to exceed $500,000 annually shall be
Resolution No. 1340 (072612) Pg. 12
awarded using a request for proposals. (Ord. 1872 (part), 2006).
4. Public contracts --Informal solicitation procedures. The city of Central
Point may use the following procedure for informal solicitations in lieu of
the procedures set forth in the model rules.
a. Informally Solicited Quotes and Proposals.
i. Solicitation of Offers. When authorized by these
regulations, an informal solicitation may be made by general
or limited advertisement to a certain group of vendors, by
direct inquiry to persons selected by the solicitation agent or
in any other manner which the solicitation agent deems
suitable for obtaining competitive quotes or proposals. The
solicitation agent shall deliver or otherwise make available to
potential offerors a written scope of work, a description of
how quotes or proposals are to be submitted and a
description of the criteria for award.
ii. Award. The solicitation agent shall attempt to obtain a
minimum of three written quotes or proposals before making
an award. If the award is made solely on the basis of price,
the solicitation agent shall award the contract to the
responsible offeror that submits the lowest responsive quote.
If the award is based on criteria other than, or in addition to,
price, the solicitation agent shall award the contract to the
responsible offeror that will best serve the interest of the city
of Central Point, based on the criteria for award.
iii. Records. A written record of all persons solicited and
offers received shall be maintained. If three offers cannot be
obtained, a lesser number will suffice; provided, that a
written record is made of the effort to obtain the quotes.
b. Qualified Pools.
L General. To create a qualified pool, the purchasing agent
may invite prospective contractors to submit their
qualifications to the city of Central Point for inclusion as
participants in a pool of contractors qualified to provide
certain types of goods, services, or projects, including
personal services and public improvements.
ii. Advertisement. The invitation to participate in a qualified
pool shall be advertised in the manner provided for
advertisements of invitations to bid and requests for
proposals by publication in at least one newspaper of
Resolution No. 1340 (072612) Pg. 13
general statewide circulation. If qualification will be for a
term that exceeds one year or allows open entry on a
continuous basis, the invitation to participate in the pool must
be republished at least once per year and shall be posted at
the city of Central Point's main office and on its website.
iii. Contents of Solicitation. Requests for participation in a
qualified pool shall describe the scope of goods or services
or projects for which the pool will be maintained and the
minimum qualifications for participation in the pool, which
may include, but shall not be limited to, qualifications related
to financial stability, contracts with manufacturers or
distributors, certification as an emerging small business,
insurance, licensure, education, training, experience and
demonstrated skills of key personnel, access to equipment,
and other relevant qualifications that are important to the
contracting needs of the city of Central Point.
iv. Contract. The operation of each qualified pool may be
governed by the provisions of a pool contract to which the
city of Central Point and all pool participants are parties.
The contract shall contain all terms required by the city of
Central Point, including, without limitation, terms related to
price, performance, business registration or licensure,
continuing education, insurance, and requirements for the
submission, on an annual or other periodic basis, of
evidence of continuing qualification. The qualified pool
contract shall describe the selection procedures that the city
of Central Point may use to issue contract job orders. The
selection procedures shall be objective and open to all pool
participants and afford all participants the opportunity to
compete for or receive job awards. Unless expressly
provided in the contract, participation in a qualified pool will
not entitle a participant to the award of any city of Central
Point contract.
v. Use of Qualified Pools. Subject to the provisions of these
regulations concerning methods of solicitation for classes of
contracts, the city council shall award all contracts for goods
or services of the type for which a qualified pool is created
from among the pool's participants, unless the city council
determines that the best interests of the city of Central Point
require solicitation by public advertisement, in which case,
pool participants shall be notified of the solicitation and
invited to submit competitive proposals.
vi. Amendment and Termination. The purchasing agent
Resolution No. 1340 (072612) Pg. 14
may discontinue a qualified pool at any time, or may change
the requirements for eligibility as a participant in the pool at
any time, by giving notice to all participants in the qualified
pool.
vii. Protest of Failure to Qualify. The purchasing agent shall
notify any applicant who fails to qualify for participation in a
pool that it may appeal a qualified pool decision to the city
council in the manner described in Rule 7.
Rule 4. Public contracts --Use of brand name specifications for public
improvements.
A. In General. Specifications for contracts shall not expressly or implicitly
require any product by one brand name or mark, nor the product of one particular
manufacturer or seller, except for the following reasons:
1. It is unlikely that such exemption will encourage favoritism in the
awarding of public improvement contracts or substantially diminish
competition for public improvement contracts; or
2. The specification of a product by brand name or mark, or the product of
a particular manufacturer or seller, would result in substantial cost savings
to the city of Central Point; or
3. There is only one manufacturer or seller of the product of the quality
required; or
4. Efficient utilization of existing equipment, systems or supplies requires
the acquisition of compatible equipment or supplies.
B. Authority of Purchasing Agent. The city council shall have authority to
determine whether an exemption for the use of a specific brand name
specification should be granted by recording findings that support the exemption
based on the provisions of subsection A of this section.
C. Brand Name or Equivalent. Nothing in this section prohibits the city of
Central Point from using a "brand name or equivalent' specification, from
specifying one or more comparable products as examples of the quality,
performance, functionality or other characteristics of the product needed by the
city of Central Point, or from establishing a qualified product list. (Ord. 1872
(part), 2006).
Rule 5. Public contracts --Bid, performance and payment bonds.
A. Solicitation Agent May Require Bonds. The solicitation agent may require bid
security and a good and sufficient performance and payment bond even though
Resolution No. 1340 (072612) Pg. 15
the contract is of a class that is exempt from the requirement.
B. Bid Security. Except as otherwise exempted, the solicitations for all contracts
that include the construction of a public improvement and for which the estimated
contract price will exceed $75,000 shall require bid security. Bid security for a
request for proposal may be based on the city of Central Point's estimated
contract price.
C. Performance Bonds.
1. General. Except as provided in these regulations, all public contracts
are exempt from the requirement for the furnishing of a performance bond.
2. Contracts Involving Public Improvements. Prior to executing a contract
for more than $50,000 that includes the construction of a public
improvement, House Bill 2214 is changing the law to only require bid and
performance bonds for contracts with a value estimated by the contracting
agency of more than $50,000. Contractor must deliver a performance
bond in an amount equal to the full contract price conditioned on the
faithful performance of the contract in accordance with the plans,
specifications and conditions of the contract. The performance bond must
be solely for the protection of the city of Central Point and any public
agency that is providing funding for the project for which the contract was
awarded.
3. Cash -in -Lieu. The purchasing agent or city of Central Point may permit
the successful offeror to submit a cashier's check or certified check in lieu
of all or a portion of the required performance bond.
D. Payment Bonds.
1. General. Except as provided in these regulations, all public contracts
are exempt from the requirement for the furnishing of a payment bond.
2. Contracts Involving Public Improvements. Prior to executing a contract
for more than $50,000 that includes the construction of a public
improvement, the contractor must deliver a payment bond equal to the full
contract price, solely for the protection of claimants under ORS 279C.600.
E. Design/Build Contracts. If the public improvement contract is with a single
person to provide both design and construction of a public improvement, the
obligation of the performance bond for the faithful performance of the contract
must also be for the preparation and completion of the design and related
services covered under the contract. Notwithstanding when a cause of action,
claim or demand accrues or arises, the surety is not liable after final completion
of the contract, or longer if provided for in the contract, for damages of any
nature, economic or otherwise, and including corrective work, attributable to the
Resolution No. 1340 (072612) Pg. 16
design aspect of a design -build project, or for the costs of design revisions
needed to implement corrective work.
F. Construction Manager/General Contractor Contracts. If the public
improvement contract is with a single person to provide construction manager
and general contractor services, in which a guaranteed maximum price may be
established by an amendment authorizing construction period services following
preconstruction period services, the contractor shall provide the bonds required
by subsection A of this section upon execution of an amendment establishing the
guaranteed maximum price. The city of Central Point shall also require the
contractor to provide bonds equal to the value of construction services authorized
by any early work amendment in advance of the guaranteed maximum price
amendment. Such bonds must be provided before construction starts.
G. Surety--Obliqation. Each performance bond and each payment bond must
be executed solely by a surety company or companies holding a certificate of
authority to transact surety business in Oregon. The bonds may not constitute
the surety obligation of an individual or individuals. The performance and
payment bonds must be payable to the city of Central Point or to the public
agency or agencies for whose benefit the bond is issued, as specified in the
solicitation documents, and shall be in a form approved by the purchasing agent.
H. Emergencies. In cases of emergency, or when the interest or property of the
city of Central Point probably would suffer material injury by delay or other cause,
the requirement of furnishing a good and sufficient performance bond and a good
and sufficient payment bond for the faithful performance of any public
improvement contract may be excused, if a declaration of such emergency is
made in accordance with the provisions of Section 2.40.080(G), unless the city
council requires otherwise. (Ord. 1872 (part), 2006).
Rule 6. Public contracts --Electronic advertisement of public contracts. In
lieu of publication in a newspaper of general circulation in the city of
Central Point metropolitan area, the advertisement for an invitation to bid
or request for proposals may be published electronically by posting on the
city of Central Point's website; provided, that the following conditions are
met:
A. The placement of the advertisement is on a location within the website that is
maintained on a regular basis for the posting of information concerning
solicitations for projects of the type for which the invitation to bid or request for
proposals is issued; and
B. The solicitation agent determines that the use of electronic publication will be
at least as effective in encouraging meaningful competition as publication in a
newspaper of general circulation in the city of Central Point metropolitan area
and will provide cost savings for the city of Central Point, or that the use of
electronic publication will be more effective than publication in a newspaper of
Resolution No. 1340 (072612) Pg. 17
general circulation in the city of Central Point metropolitan area in encouraging
meaningful competition. (Ord. 1872 (part), 2006).
Rule 7. Appeal of debarment or prequalification decision.
A. Right to Hearing. Any person who has been debarred from competing for city
of Central Point contracts or for whom prequalification has been denied, revoked
or revised may appeal the city of Central Point's decision to the city council as
provided in this section.
B. Filing of Appeal. The person must file a written notice of appeal with the city
of Central Point's purchasing agent within three business days after the
prospective contractor's receipt of notice of the determination of debarment, or
denial of prequalification.
C. Notification of City Council. Immediately upon receipt of such notice of
appeal, the purchasing agent shall notify the city council of the appeal. The
model rules discuss electronic advertisement vaguely.
D. Hearing. The procedure for appeal from a debarment or denial, revocation or
revision of prequalification shall be as follows:
1. Promptly upon receipt of notice of appeal, the city of Central Point shall
notify the appellant of the time and place of the hearing;
2. The city council shall conduct the hearing and decide the appeal within
thirty days after receiving notice of the appeal from the purchasing agent;
3. At the hearing, the city council shall consider de novo the notice of
debarment, or the notice of denial, revocation or revision of requalification,
the standards of responsibility, upon which the decision on prequalification
was based, or the reasons listed for debarment, and any evidence
provided by the parties.
E. Decision. The city council shall set forth in writing the reasons for the
decision.
F. Costs. The city council may allocate the city council's costs for the hearing
between the appellant and the city of Central Point. The allocation shall be
based upon facts found by the city council and stated in the city council's
decision that, in the city council's opinion, warrant such allocation of costs. If the
city council does not allocate costs, the costs shall be paid by the appellant, if the
decision is upheld, or by the city of Central Point, if the decision is overturned.
G. Judicial Review. The decision of the city council may be reviewed only upon
a petition in the circuit court of Jackson County filed within fifteen days after the
date of the city council's decision.
Resolution No. 1340 (072612) Pg. 18
Rule 8. Qualification Based Selection (QBS).
A. Consultants for Related Services as defined in ORS 279C.100 (8) are to be
selected utilizing the procedures for personal services under Rule 3.C.
B. Notwithstanding the Model Rule in OAR 137-048-210, the informal selection
process for QBS services may be used in those instances where the final
contract exceeds $250,000 if the initial estimate was not greater than $250,000
and the estimate was made in good faith.
C. Notwithstanding the Model Rule in OAR 137-048-210(2) (a), a minimum of
five consultants is not required for distribution of an RFP. The minimum number
of consultants shall be determined by the Solicitation agent.
D. Where proposals have been submitted for QBS work and negotiations with all
selected candidates are formally terminated under ORS 279C.110, negotiations
may be re -opened with such candidates.
Passed by the Council and signed by me in authentication of its passage
this ,� day of • 2012.
Mz or Hank Willi s 1.-&
A E
City Recorder
1-?�(t-0
Resolution No. = (072612) Pg. 19