Admin Order 44-23-01-F -- Final Public Contracting Rule 2022

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Exhibit A to Administrative Order No. 44-23-01-F City of Eugene Public Contracting Rules 2022 – Part 2 Page 80 Division 49 GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES 137-049-0100. Application 1) These division 49 rules apply to Public Improvement Contracts as well as Public Contracts for ordinary construction Services that are not Public Improvements. Rules that apply specifically to Public Improvement Contracts are so identified. These division 49 rules apply to Contracts for Construction Manager/General Contractor Services, whether the initial Contract between the parties includes both pre-construction services and construction services, or only contains pre-construction services, since the underlying procurement for Construction Manager/General Contractor Services authorizes Contracting Agencies to enter into Contracts for both pre-construction and construction services. 2) These division 49 rules address matters covered in ORS Chapter 279C (with the exception of Architectural, Engineering, Land Surveying, and Related Services, all of which are addressed in division 48 of the Model Rules). Related State Statutes: ORS 279A.065 137-049-0110. Policies In addition to the general Code policies set forth in ORS 279A.015, the 279C.300 policy on competition and the 279C.305 policy on least-cost for Public Improvements apply to these division 49 rules. Related State Statutes: ORS 279A.065, 279C.300, & 279C.305 137-049-0120. Definitions 1) “Conduct Disqualification” means a Disqualification under ORS 279C.440. 2) “Disqualification” means the preclusion of a Person from contracting with a Contracting Agency for a period of time in accordance with OAR 137-049-0370. 3) “Foreign Contractor” means a Contractor that is not domiciled in or registered to do business in the State of Oregon. See OAR 137-049-0480. 4) “Notice” means any of the alternative forms of public announcement of Procurements, as described in OAR 137-049-0210. 5) “Work” means the furnishing of all services, materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and the carrying out and completion of all duties and obligations imposed by the Contract. Related State Statutes: ORS 279A.065, OL 2015 & ch 565 (HB 3303); DOJ 18-2015, f. 12-31-15, cert. ef. 1-1-16; DOJ 2-2015, f. & cert. ef. 2-3-15 137-049-0130. Competitive Bidding Requirement A Contracting Agency shall solicit Bids for Public Improvement Contracts by Invitation to Bid ("ITB"), except as otherwise allowed or required by these Rules, or pursuant to ORS 279C.335