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HomeMy WebLinkAboutOrdinance 1784ORDINANCE NO. 1784 AN ORDINANCE AMENDING CPMC CHAP'LER 2.40 RELATING TO'I'IIE CONTRACT REVIEW BOARD THE PEOPLE OF THE CITY OP CENTRAL POINT H13REBY ORDAIN AS FOLLOWS: Section 1. CPMC Section 2.40.010 is amended to read as follows: 2.40.010 Contract Review Board. The City Council is lrereby designated as the-amity Contract Review Board for the City of Central Point ~ ~'~'~- ~ ' '' $eard: The Contract Review Board shall have rulemaking autlrorit t~ o carry out the powers and duties of the board as established under Oregon Revised Statutes 279 O11 through 279.063. Section 2. CPMC Section 2.40.020 is amended to read as follows: 2.40.20 Public Contract Rules The Contract Review Board hereb~dopts rules governing nublic contracts in the form attached hereto as Exhibit A, pursuant to Oregon Revised Statutes Chapter 279 and Oregon Administrative Rules Chapter 125. A copy of these rules shall be filed in the ofFce of the City Administrator. Section 3. An emergency is hereby declared to exist and this ordinance shall be effective immediately. Pass~d by the Council and signed by me in open session in authentication of its passage this /3 day of , 1998. ~_~ Mayor Rusty Mc rath Attes cs: City Representative Approved by me this /3 ~" , 1998. Mayo Rusty McGrath ORDINANCH NO. 1784 (050798) RULES OF THE CEN7~'RAL POINT CONTRACT REVIEW BOARD Section 1. Purpose. These rules are pronnrlgated by the Central Point Contact Review Board, as designated by Ordinance No. 1784, pursuant to the authority granted to that board by ORS Chapter 279, for the purpose of establishing the rules and procedures for contracts entered into by the City of Central Point, Oregon. Section 2 Definitions The following words and phrases mean: Board. The Central Point Contract Review Board as established by Ordinance No. 1784. Competitive Biddine. The solicitation of competitive offers which follow the formal process for advertising, bid and bid opening required by ORS Chapter 279 and applicable rules of the board. Competitive Ouotes. The solicitation of offers from competing vendors. T'he solicitation may be by advertisement or a request to vendors to make an offer. The solicitation and the offer may be in writing or oral. Public Contract. Any purchase, lease, or sale by the City of personal property, public improvements, or services other than agreements which are exclusively for personal services. Public Contractine Officer. The council or the person or persons designated by the council to negotiate public contracts for the City. Section 3. Competitive Bids; Exemptions. All contracts shall be based upon competitive bids except: (1) Contracts with public agencies. Contracts made with, or the cost of which is provided by, other public agencies or the Federal government. (2) Personal service contracts. Contracts which are exclusively for personal services. Such contracts may include incidental materials such as written reports or opinions,architectural or engineering renderings, and other supplemental materials required for providing the services. (3) Contracts under $50,000 Contracts for purchase or sale where the amount does not exceed $50,000, excluding all jobs or contracts for constructing, repairing, ornamenting or improving any public place in the City or improving streets or building sewers, which contracts shall be governed by the Charter of the City. (a) When the amount of the contract does not exceed $2,500, competitive quotes shall be obtained where practical. (b) When the amount of the contract is more than $2,500, but less than $50,000, at a minimum three competitive quotes shall be obtained. A written record of the source and amount of the quotes received shall be maintained. If three quotes are not available, a lesser number is acceptable provided that a written record is made of the effort to obtain the quotes. (c) No contractor may be awarded, in the aggregate, within the tisca] year, contracts in excess of $50,000 under this subsection without competitive bidding. Iu cou~puting the aggregate under this subsection, awards ender $2,500 aced not be included. (4) Contracts for price reeulated items Contracts i'or the purchase of goods or services where the rate or price for the goods or services being purchased is established by Federal, State or local regulatory authority. (5) Allocated netroleum nroducts Contracts for the purchase oP petroleum products if such purchase is required to be made from a particular supplier as a result of a hederal allocation or if purchase from other than an established supplier could jeopardize an allocation or future supply of such petroleum products. (6) Cop~ghted materials. Contracts for the purchase of copyrighted materials where there is only one known supplier available for such goods. (7) Advertisine contracts. Contracts for the purchase of advertising, including that intended for the purpose of giving public notice. (8) Investment contracts. Contracts for the purpose of investment of public funds or the borrowing of funds. (9) Requirements contracts. Purchases of goods or services from a supplier where the price of goods or services has been previously established through the competitive bid process and whereby it is agreed to purchase good or services for an anticipated need at a predetermined price. (10) Single seller or price of nroduct re uiq red. Contracts for purchase where there is only one seller or price of a product of the quality required available within a reasonable purchase area. (1 I) Data processing contracts. Contracts for purchase or acquisition of data processing (hardware or software) may be let without competitive bid subject to the following conditions: (a) If the contract amount does not exceed $50,000, prior to selecting a contractor, reasonable efforts shall be made to solicit proposals from three or more vendors. If the amount of the contract exceeds $50,000, written proposals shall be solicited from the appropriate vendors appearing on the list composed by the Data Systems Division of the Executive Branch of the State of Oregon or by publication of an advertisement in a major trade publication of general circulation. (b) The contractor is selected on the basis of the most competitive offer in both the cost and quality of the product to be purchased or acquired. (c) Whenever a contract for data processing is let pursuant to this exemption, a written report shall be submitted to the board. The report shall include: (i) The name of the company and, if applicable, the name of the retail vendor; (ii) 1'he reasons why competitive bidding was not appropriate; and, (iii) A description of the reasons why the contractor was selected and other proposals rejected. (12) Insurance contracts Contracts for employee benefit insurance. (13) Contract amendments. Any contract amendment, including change orders, extra work, field orders, or other change in the original specifications which changes the original contract price or alters the work to be performed, may be made with the contractor subject to the following conditions: (a) The original contract imposes a binding obligation on the parties covering the terms and conditions regarding changes in the work (b) The amended contract does not substantially alter the scope or nature of the project; or (c) If the amendment has the effect of substantially altering the scope or nature of the project, the amount of the aggregate cost change resulting from all amendments creating such new obligations shall not exceed the cost of the initial contract. (14) l;quinment maintenance. Contracts for the maintenance, repair or conversion of existing equipment. Where practical, competitive quotes shall be obtained. If the contract is for an amount greater than $25,000, but less than $50,000, the reason why competitive quotes were deemed impractical shall be documented. (15) Asphaltic concreted and rock. Contracts for the purchase of asphaltic concrete and rock where the material is to be used for maintenance, provided that at Least three competitive quotes are sought, all quotes submitted by vendors in the area are accepted, the purchase is made from the least expensive source, and written justification of the purchase is made. (16) Bids obtained by the State for same materials. Contracts for the purchase of equipment or materials where competitive bids or quotes for the same materials have been obtained by the State of Oregon or another public entity or agency, and the contract is awarded to the same party dealing with the State of Oregon or such other public entity or agency, and the price of the equipment or materials is the same or lower than that paid by the State or said public entity or agency, excluding any incidental costs incurred by the city in participating in said purchase. (17) Sale of personal property,, Personal property may be disposed of without competitive bidding under any of the following conditions: (a) There are specific statutory or ordinance procedures fox the sale of the type of property involved, and the property is disposed of according to those procedures. (b) The property has a value of less than $500, unless otherwise provided by statute or ordinance; or (c) The public contracting officer finds that competitive bids would be inappropriate for the type of property involved. A report of all sales made under this subsection shall be made to the board and shall include the reasons that competitive bids were deemed impractical. (18) Franchise agreements. Where practical, competitive quotes shall be obtained. Section 4. Exemntions for Additional Contracts The Board may, by resolution, exempt other couh~acts from competitive bidding if it finds: (1) The lack of bids will not result in favoritism or substantially diminish competition in awarding the contract; and (2) The exemption will result insubstantial cost savings. hi making such findings, the board may consider the type, cost, amount of the contract, number of persons available to bid, and such other factors as the board may deem appropriate. Section 5. Emereeney Contracts. A contract may also be exempted from competitive bidding if the council, by majority vote of members present, determines that emergency conditions require prompt execution of the contract. A determination of such an emergency shall be entered into the record of the meeting at which the determination is made. Section 6. Brand Name Snecification in Contracts. Specifications for contracts shall not require any product by any brand name or mark, nor the product of any particular manufacturer or seller, unless the product is exempt from this requirement under the provisions of subsection (1) or (2). However, this section shall not be construed to prevent, reference in the specifications to a particular product as a description of the type of item required. (1) A contract shall be exempt from the requirement of this section under any of the following conditions: (a) The specification is for a. specific copyrighted product. This exemption does not include patented or trade mark goods. (b) If there is only one manufacturer or seller of a product of the quality required or if the efficient utilization of the existing equipment or supplies requires a compatible product of a particular manufacturer or seller, a. contract may specify such particular product subject to the following conditions: (i) 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 other items also of expense such as costs related to quality or conversion. (ii) Prior to awarding the contract, reasonable efforts have been made to notify all known vendors of competing or comparable products of the intended specifica- tions; and such vendors have been invited to submit competing proposals. If the amount of the purchase price does not exceed $2,500 such notice and invitation may be informal. If the amount of the purchase exceeds $2,500 such notice shall include advertisement in at least one newspaper of general circulation in the area where the contract is to be performed and shall be timed to allow competing vendors a reasonable opportunity to make proposals; and (iii) If the amount of the purchase exceeds $2,500 and the contract is not also pursuant to the data processing exemption in Section 3(9), the public contracting officer shall notify the board of the specification. "fhe notice shall be written and include a brief description of the proposed contract, a detailed description of the reasons why the product and/or seller was selected and any competing products and/or sellers that were rejected. "fhc description shall also include the efforts made to notify and invite proposals from competing vendors. (c) When it is impractical to create specific design or performance specifications for a type of product to be purchased, a list of approved products by reference to particular manu- facturers or sellers may be specified in accordance with the following product prequalification procedure: (i) Reasonable efforts shall be made to notify all known mam~facturers or vendors of competitive products of the intention to accept application for inclusion in the list of prequalified products. Notification shall include advertisement in a trade journal or statewide distribution when possible. Li lieu of advertising, notification may be made to vendors and manufacturers appearing on the appropriate list maintained by the Department of General Services of the State of Oregon. (ii) Applications for prequalification of similar products are permitted up to 15 days prior to advertisement for bids on the product. (iii) If an application for inclusion in a list of prequalified products is denied, or an existing prequalification revoked, the applicant shall be notified in writing. The applicant may, within three days after receipt of the notice, appeal the denial or revocation to the board according to the procedure in Section 9. (2) The board may by resolution exempt certain additional products or classes or products upon any of the following findings: (a) It is unlikely that such exemption will encourage favoritism in the awarding of the contract or substantially diminish competition. (b) 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. (c) There is only one manufacturer or seller of the product of the quality required. (d) Efficient utilization of existing equipment or supplies require the acquisition of compatible equipment or supplies. Section 7. Bidder Disqualification (1) The public contracting officer may disqualify any person as a bidder on a contract if: (a) The person does not have sufficient f nancial ability to perform the contract. Iwidence that the person can acquire a surety bond iu the amount and type required shall be sufficient to establish financial ability if no performance bond is required, the public contracting officer may require such information as is necessary to determine the bidder's financial ability; (b) The person does not have equipment available to perform the contract; (c) The person does not have personnel of sufficient experience to perform the contract; or (d) The person has repeatedly breached contractual obligations to public and private contracting agencies. (2) A bidder who has been disqualified shall, within three business days after receiving notice of disqualification in writing, notify the public contracting officer that the person wishes to appeal the disqualification. Section 8. Bid Refection. The public contracting officer may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject all bids if it is in the public interest to do so. Section 9. Ap eo als• The procedures for appeals shall be as follows: (1) Notices of appeal need not be in any particular form so long as they are in writing and addressed to the public contracting officer. (2) Immediately upon receipt of such written notice of appeal, the public contracting officer shall inform the board. (3) Upon receipt of notice of appeal, the board shall notify the person appealing of the time and place of the hearing. (4) The board shall conduct the hearing according to the provisions of ORS 279.045(3) and decide the appeal within 30 days after receiving the notification and shall set forth in writing the reasons for its decisions. Section 10. Mandator qualification.. Persons desiring to bid for contracts to perform the classes of public improvements described in (1) below shall submit a completed prequalification application to the public contracting officer. This requirement shall apply only where the public improvement contract amount exceeds $50,000. (1) The classes of work for which prequalification is required are as follows: Highway, road and street improvements Concrete paving and flatwork Rock crushing Bituminous oiling Bituminous paving Reinforced concrete construction Bridge and overcrossing construction Dredging and pile driving Excavation and grading Sewer construction Sewage treatment plants Sewage pumping stations Water lines Water reservoirs Water tanks -steel Water tanks -concrete Electrical wiring frafiic sigira]ization Outdoor illumination Building construction Building alteration and repair Demolition and related excavation and clearing Painting and decorating Plumbing Heating Rooting Air couditiotring Irrigation and sprinkling systems Drainage Landscaping (2) Applications for prequalification shall be submitted on the fortes provided by the board at the times designated by the board for such prequalification. (3) Within 30 days of the receipt of the prequalification application, the public contracting officer shall notify the applicant if the applicant is qualified or not, the nature and type of contracts that the person is qualified to bid on and the period of time for which the qualification is valid. The notice shall further advise the applicant to notify the public contracting officer promptly if there has been any substantial change of conditions or circumstances which would make any statement contained in the prequalification application uo longer applicable or untrue. (4) If the public contracting officer disqualifies an applicant as to arty contracts, the notice shall specify the reasons that prequalification has been denied and informing the applicant of the right to appeal the decision within three business days after receipt of the notice. (5) Upon discovery that there has been a substantial change in the conditions of a prequalified person and that the person is no longer qualified or is less qualified, the public contracting officer may revoke or may revise and reissue the prequalification after reasonable notice to the prequalified person. The notice shall state the reason for revocation or revision and inform the person that the revocation or revision will be effective 10 calendar days from the date of the notice unless evidence that the deficiency has been corrected or a notice appealing the revocation or revision has been filed with the public contracting officer within said 10 calendar days. Passed by the Contract Review Board of the City of Central Point, Oregon this ~ c~~day of 19~. -._~ Mayor Rusty McGrath co„us~.«~