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 1 Page 6 additional reasonably related Work and a Contracting Agency official, board or governing body with administrative or review authority over the Solicitation Agent approves the increase. Section 12. Section 9 of Rule 17-049-0630 Findings, Notice, and Hearing Commencement of Public Improvement Solicitation Prior to Approval. A solicitation may be issued prior to the approval of a public improvement contract exemption if the purchasing agent must act promptly because of circumstances beyond the purchasing agent’s control that do not constitute an emergency, notification of the public hearing may be published simultaneously with the city’s solicitation of contractors for the alternative public contracting method, as long as responses to the solicitation are due at least five days after the hearing and approval of the findings. Section 13. Rule 137-049-0665 Contracting Agency Funded Privately-Constructed Public Improvements 1) Privately-Constructed Public Improvements. As long as the Contracting Agency does not contribute funding to privately-constructed public improvements, such privately-funded projects are not subject to the competitive Solicitation requirements, as provided in this Division 49. a) No Public Funding. Privately-constructed public improvements for which no Contracting Agency Funding is provided are exempt from the provisions of these regulations. b) Public Funds Involved. If Contracting Agency provides funding for privately-constructed public improvements, the entire project shall be considered a Public Improvement and Public Work project, unless not covered by or exempt under ORS 279C.810. The privately-constructed public improvements will be exempted from the Solicitation requirements of these regulations, however, if all of the following conditions are met with respect to the entire project and not just for the portion of the project financed by the Contracting Agency: A) The Contracting Agency’s funding may not exceed twenty-five percent (25%) of the total cost of the project; B) If the project is a Public Work, the general contractor and all subcontractors for the project must agree in writing to comply with all applicable laws concerning reporting and payment of prevailing wages for the entire project; C) The Contracting Agency’s funding may not provide a pecuniary benefit to the owner of the development for which the project is being constructed, other than benefits that are shared by all members of the community; D) 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 Contracting Agency against claims for payment and defective performance, unless the Contracting Agency’s obligation to make a payment is conditioned upon final completion of the improvements and proof of, or security for, payment that is acceptable to the Purchasing Agent; and E) The contract for construction of all of the improvements 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 Contracting Agency for all claims for payment, injury, or property damage arising from or related to the construction of the privately-constructed public improvement.