5.34.300 Solicitation Documents; Required Provisions; Assignment or Transfer.

City Code Section

(Amended by Ordinances 181547, 185898, 187373 and 189878, effective March 4, 2020.)

  1. A.  The Solicitation Document for a public improvement Contract shall include the following:
    1. 1.  Identification of the Public Improvement project, including the character of the Work, and applicable plans, Specifications and other Contract documents;
    2. 2.  Notice of any pre-Offer conference as follows:
      1. a.  The time, date and location of any pre-Offer conference;
      2. b.  Whether attendance at the conference will be mandatory or voluntary; and
      3. c.  That statements made by the City’s representatives at the conference are not binding upon the City unless confirmed by Written Addendum;
    3. 3.  The deadline for submitting mandatory Prequalification applications and the class or classes of Work for which Offerors must be Prequalified if Prequalification is a requirement;
    4. 4.  The name and title of the authorized City representative designated for receipt of Offers and contact representative (if different);
    5. 5.  Instructions and information concerning the form and submission of Offers, including the address of the location to which Offers must be delivered, any Bid or Proposal Security requirements, and any other required information or special information, e.g., whether Offers may be submitted by Electronic means (see Section 5.34.340 regarding Electronic Procurement);
    6. 6.  The time, date and place of Opening;
    7. 7.  The time and date of Closing after which the City will not accept Offers, which time shall be not less than five (5) Days after the date of the last publication of the advertisement, and may, in the sole discretion of the City, direct or permit the submission and receipt of bids by electronic means.  If the City is issuing an ITB that may result in a Public Improvement Contract with a value in excess of $100,000, the City shall designate a time of Closing consistent with the first-tier Subcontractor disclosure requirements of ORS 279C.370(1)(b) and Section 5.34.493. For timing issues relating to Addenda, see Section 5.34.430;
    8. 8.  The location where the Specifications for the Work may be reviewed;
    9. 9.  A statement that each Bidder to an ITB must identify whether the Bidder is a "Resident Bidder," as defined in Subsection 5.33.010 A.75.;
    10. 10.  If the Contract resulting from a Solicitation will be a Contract for a Public Work subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act (40 U.S.C.§ 3141 to 3148), or both the state and federal prevailing rates of wage, a statement that no Offer will be received or considered by the City unless the Offer contains a statement by the Offeror as a part of its Offer that "Contractor agrees to be bound by and will comply with the provisions of ORS 279.838 or ORS 279C.840 or 40 U.S.C.§ 3141 to 3148, or both";
    11. 11.  A statement that the City will not receive or consider an Offer for a Public Improvement Contract unless the Offeror is registered with the Construction Contractors Board, or is licensed by the State Landscape Contractors Board.
    12. 12.  Whether a Contractor or a Subcontractor under the Contract must be licensed under ORS 468A.720 regarding asbestos abatement projects;
    13. 13.  Contractor's certification of nondiscrimination in obtaining required Subcontractors in accordance with ORS 279A.110(4) and Section 5.34.040;
    14. 14.  How the City will notify Offerors of Addenda and how the City will make Addenda available (see Section 5.34.430); and
    15. 15.  When applicable, instructions and forms regarding First-Tier Subcontractor Disclosure requirements, as set forth in Section 5.34.493.
    16. 16.  A statement that the Offeror must obtain EEO certification and have a valid City business tax registration account, if required.
  2. B.  The Solicitation Document shall also contain the following information about the evaluation process:
    1. 1.  A statement that the City may reject any Offer not in compliance with all prescribed Public Contracting procedures and requirements, and may reject for good cause all Offers upon the City’s finding that it is in the public interest to do so;
    2. 2.  The anticipated Solicitation schedule, deadlines, protest process and evaluation process, if any;
    3. 3.  Evaluation criteria, including the relative value applicable to each criterion, that the City will use to determine the Responsible Bidder with the lowest Responsive Bid (where Award is based solely on price) or the Responsible Proposer or Proposers with the best Responsive Proposal or Proposals (where use of Competitive Proposals is authorized), along with the process the City will use to determine acceptability of the Work;
      1. a.  If the Solicitation Document is an Invitation to Bid, the City shall set forth any special price evaluation factors in the Solicitation Document. Examples of such factors include, but are not limited to, conversion costs, transportation cost, volume weighing, trade-in allowances, cash discounts, depreciation allowances, cartage penalties, and ownership or life-cycle cost formulas. Price evaluation factors need not be precise predictors of actual future costs; but, to the extent possible, such evaluation factors shall be objective, reasonable estimates based upon information the City has available concerning future use;
      2. b.  If the Solicitation Document is a Request for Proposals, the City shall refer to the additional requirements of Section 5.34.850;
  3. C.  The City shall include all Contract terms and conditions, including warranties, insurance and bonding requirements, that the City considers appropriate for the Public Improvement project.
  4. D.  The City must include all applicable Contract provisions required by Oregon law as follows:
    1. 1.  Prompt payment to all Persons supplying labor or material; contributions to Industrial Accident Fund; liens and withholding taxes (ORS 279C.505(1)); and all provisions regarding accelerated or twice-monthly payment if required by the City’s Standard Construction Specifications;
    2. 2.  Demonstrate that an employee drug testing program is in place (ORS 279C.505(2));
    3. 3.  If the Contract calls for demolition Work described in ORS 279C.510(1), a condition requiring the Contractor to salvage or recycle construction and demolition debris, if feasible and cost-effective;
    4. 4.  If the Contract calls for lawn or landscape maintenance, a condition requiring the Contractor to compost or mulch yard waste material at an approved site, if feasible and cost effective (ORS 279C.510(2);
    5. 5.  Payment of claims by public officers (ORS 279C.515(1));
    6. 6.  Contractor and first-tier Subcontractor liability for late payment on Public Improvement Contracts pursuant to ORS 279C.515(2), including the rate of interest;
    7. 7.  A Person's right to file a complaint with the Construction Contractors Board for all Contracts related to a Public Improvement Contract  as provided in ORS 279C.515(3);
    8. 8.  Hours of labor in compliance with ORS 279C.520;
    9. 9.  Environmental and natural resources regulations (ORS 279C.525);
    10. 10.  Payment for medical care and attention to employees (ORS 279C.530(1));
    11. 11.  A Contract provision substantially as follows: "All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its Subcontractors complies with these requirements." (ORS 279C.530(2));
    12. 12.  Maximum hours, holidays and overtime (ORS 279C.540);
    13. 13.  Time limitation on claims for overtime (ORS 279C.545);
    14. 14.  Prevailing wage rates (ORS 279C.800 to 279C.870);
    15. 15.  Fee paid to BOLI (ORS 279C.830);
    16. 16.  BOLI Public Works Bond (ORS 279C.830(3));
    17. 17.  Retainage (ORS 279C.550 to 279C.570);
    18. 18.  Prompt payment policy, progress payments, rate of interest (ORS 279C.570);
    19. 19.  Contractor's relations with Subcontractors (ORS 279C.580);
    20. 20.  Notice of claim (ORS 279C.605);
    21. 21.  Contractor's certification of compliance with the Oregon tax laws in accordance with ORS 305.385; and
    22. 22.  Contractor's certification that all Subcontractors performing Work described in ORS 701.005(5) will be registered with the Construction Contractors Board. or licensed by the State Landscape Contractors Board in accordance with the Construction Contractor’s Licensing Act before the Subcontractors commence Work under the Contract.
  5. E.  Unless otherwise provided in the Contract, the Contractor shall not assign, sell, dispose of, or transfer rights, nor delegate duties under the Contract, either in whole or in part, without the City’s prior Written consent, which must be approved as to form by the City Attorney’s Office. Unless approved in Writing and approved as to form, such consent shall not relieve the Contractor of any obligations under the Contract.  Any assignee or transferee shall be considered the agent of the Contractor and be bound to abide by all provisions of the Contract. If the City consents in Writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the Contractor and its surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in Writing.

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