Item 7 - Ord/Pub.Contract.Code - Laserfiche WebLink

Home Browse Search

(2) Authority of Purchasing Agent. The purchasing agent 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 (1). {3) Brand Name or Equivalent. Nothing in this section 2.1435 prohibits the city 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, or from establishing a qualified product list under rules adopted by the purchasing agent. 2.1440 Public Contracts - Bid, Performance and Payment Bonds. (1) Solicitation Agent May Require Bonds. The solicitation agent may require bid security and a good and sufficient performance and payment bond even though the contract is of a class that is exempt from the requirement under this section 2.1440. (2) Bid/Proposal Security. Except as otherwise exempted, the [se~=~=3t~o~] invitation to bid or request for proposals for all contracts that include the construction of a public improvement [andJe~ ,A,~,-~ ,~,~ ,~o,~,-,,o,,~,~ ,-,-,,,,to,-, ,-,r~ ..... a~ ..... '~ $75 000] shall require bid or proposal security. (3) Performance Bonds. (a) General. Except as provided in sections 2.1400 to 2.1450 of this code, all public contracts are exempt from the requirement for the furnishing of a performance bond. (b) Contracts involvinq 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 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 and any public agency that is providing funding for the project for which the contract was awarded. (c) Cash-in-lieu. The purchasing agent 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. (4) Payment Bonds. (a) General. Except as provided in sections 2.1400 to 2.1450 of this code, all public contracts are exempt from the requirement for the furnishing of a payment bond. (b) Contracts involvinq 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. (5) Design/Build Contracts. If the public improvement contract is with a single person to provide both design and construction of a public Ordinance- ]2 L:\CMO~005 Council Agendas\M050228\S0502287-attB.doc