Item 3: Ratification of Unanimous IGR Actions and Action on Non-Unanimous IGR Actions

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Jenifer Willer PWE 2/15/2011 Pri 2 Oppose Comments: I agree with Mike and Paul’s comments. Contact Respondent Dept Updated Priority Recommendation Paul Klope PWE 2/15/2011 Pri 2 Oppose Comments: I concur with Mike Penwell. In addition, the reduction of retainage will potentially lead to more legal actions by the City against contractors to force work to be done correctly, or, due to potential legal expense, for the City to accept work that is incomplete or substandard and doesn't function properly or creates additional costs for the City to maintain in the future. It is also not a good bill for contractors, because it will cause the City to file claims against performance bonds in situations it doesn't today (because we have adequate funds retained), and these claims by the City will make it more difficult and expensive for contractors to obtain performance bonds in the future. There are no amendments that will make this bill acceptable to the City. SB 0667 Relating Clause: Relating to indefinite quantity contracts for certain personal services; declaring an emergency. Title: Permits contracting agency to enter into indefinite quantity contract for architectural, engineering or land surveying services. Sponsored by: By COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL BUSINESS PROTECTION URL: http://www.leg.state.or.us/11reg/measpdf/sb0600.dir/sb0667.intro.pdf Contact Respondent Dept Updated Priority Recommendation Jamie Garner CS-FIN 2/15/2011 Pri 2 Oppose Oppose unless amended Comments: to remove requirements for agencies to give preference to consultants the agency hasn't used prior or frequently, to remove the 2% penalty on the public agency if they don't issue a work order for the minimum quantity to awarded consultants, and to eliminate the provision preventing agencies from soliciting for new contracts before they have issued work orders under an existing contract same, similar or related services. I agree with Paul's assessment of this bill and see the negative impact it would have specifically on Engineering's qualified pool of contractors and the format that they employ to utilize this pool. ORS 279C.120(2) (copied below) allows a home-ruled contract agency to establish rules for the selection of contractors in this class and the City has an established and successful procedure based on qualifications of the interested parties. This legislation would infringe upon the local contract review board's right to establish these rules and the City could incur costly penalties as a result. Additionally this class of work is generally awarded on a qualifications basis and the proposed amendments would restrict the City's selection process to give preference to contractors not previously utilized by the City which is a risky prospect given the complexity and 17 | Page March 9, 2011 IGR Committee Meeting