ATTACHMENT B_ARTICLE_X._PUBLIC_CONSTRUCTION_CONTRACTS_AND_PROJECTS.pdf

- OKLAHOMA CITY MUNICIPAL CODE 2020

Chapter 2 - ADMINISTRATION

ARTICLE X. PUBLIC CONSTRUCTION CONTRACTS AND PROJECTS

Oklahoma City, Oklahoma, Code of Ordinances Created: 2025-02-13 10:59:45 [EST]

(Supp. No. 3, Update 4)

ARTICLE X. PUBLIC CONSTRUCTION CONTRACTS AND PROJECTS1

DIVISION 1. GENERALLY2

§ 2-871. Definitions.

For public construction contracts and projects, the following terms shall have the meaning set forth herein:

(1) Addenda or addendum means a written or graphic instrument issued prior to the opening of bids which clarifies, corrects or changes the bidding documents or the contract documents.

(2) Agent or construction purchasing agent means the person designated by the City Manager as the construction purchasing agent of the City.

(3) Amendment means a change order authorizing an addition, deletion or revision in the work or an adjustment in the contract price based upon the unit prices set forth in the bid.

(4) Bid means a complete and properly signed proposal to do the work for the sums stated therein, submitted electronically in accordance with the bidding documents. A submission shall not be considered a bid if it is untimely. A submission by a proposed contractor or bidder who is not prequalified shall not be considered a bid unless prequalification is specifically waived in the bidding documents.

(5) Change order means a document recommended by the engineer, which is signed by the contractor and owner and authorizes an addition, deletion or revision in the work, or an adjustment in the contract price or the contract time, issued on or after the effective date of the agreement.

(6) Construction claim form means a form used by the City that must be completed by contractor(s) in order to process payments for construction or engineering related claims.

(7) Open market purchase means any purchase of construction that is made without formal competitive bidding.

(8) Prequalification means compliance with the procedure set forth in the bidding documents as a precondition to submitting a bid.

(9) Public construction contract shall have the meaning set forth in the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended.

(10) Public construction project shall mean any City project for construction work to be paid for by an outlay and expenditure of City funds and/or that requires a public construction contract.

1Editor's note(s)—Ord. No. 21624, § 2, adopted Dec. 19, 2000, amended the title of Art. X to read as herein set out.

See the Code Comparative Table.

Cross reference(s)—Purchasing procedures, § 2-351 et seq.

State law reference(s)—Oklahoma Public Competitive Bidding Act of 1974, 61 O.S. § 101 et seq.

2Editor's note(s)—Ord. No. 21624, § 2, adopted Dec. 19, 2000, added Division 1 (title) to read as herein set out.

ATTACHMENT B

Created: 2025-02-13 10:59:44 [EST]

(Supp. No. 3, Update 4)

(Code 1980, § 2-501; Ord. No. 19973, § 1, 6-22-93; Ord. No. 21624, § 2, 12-19-00; Ord. No. 24741, § 2, 9-24-13;

Ord. No. 24940, § 5, 8-12-14; Ord. No. 27276, § 1, 2-14-23)

Cross reference(s)—Definitions and rules of construction generally, § 1-2.

§ 2-872. Emergency public construction contracts.

(a) The Council may, by two-thirds majority vote of the entire Council, enter into emergency public construction contracts, without notice and bids, pursuant to Article IX, Section 4 of the Charter and the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended, also including emergency public construction contracts subsequently ratified by two-thirds majority vote of the entire Council.

(b) The Council may, by two-thirds majority vote of the entire Council, delegate to the City Manager the authority to declare an emergency pursuant to Article IX, Section 4 of the Charter and the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended, without notice and bids, and the authority to award emergency public construction contracts up to the amount authorized in the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended. The emergency public construction contract and the related bonds will be on forms approved by the Municipal Counselor. Within ten (10) days following such declaration, the City Manager will give the Council a copy of such declaration containing a statement of the reasons for the emergency action. The declaration and the emergency public construction contract and related bonds will be recorded in the official minutes of the Council.

(Code 1980, § 2-502; Ord. No. 19973, § 1, 6-22-93; Ord. No. 21624, § 2, 12-19-00; Ord. No. 21882, § 1, 12-11-01;

Ord. No. 27276, § 1, 2-14-23)

§ 2-873. Competitive bidding on public construction projects; when required; purchase of construction below certain amount on the open market.

(a) Any City public construction contract in excess of the bidding requirement in the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended, shall be let by formal written public construction contract to the lowest and best bidder, after due notice inviting bids, less and except emergency public construction contracts. The provisions of Article IX, Section 4, of the City Charter and of this article with reference to notice and bids, and the provisions of the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended, shall apply to any City public construction project. Plans and specifications for such projects shall be prepared by the City Engineer and/or his/her designees and shall be approved by Council prior to advertisement of the request for bids; provided, plans and specifications for an emergency contract to be let pursuant to the provisions of Section 2-872 of this article shall not require Council approval prior to the letting of such contract. Provided further, nothing in this section shall affect or prohibit the Council or the City Manager from exercising their respective powers to declare an emergency situation and to thereby obtain emergency public construction on the open market without notice and bids pursuant to the provisions of Section 2-872 of this article (see the provisions of City Charter, Art. IX, Section 4, the provisions of the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended, and the provisions of Section 2-872 of this article).

(b) Any public construction project not exceeding the bidding requirement threshold in the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended, may be purchased on the open market by the City construction purchasing agent without Council action and without notice and bids;

provided, the agent shall have the approval of the Public Works Director prior to making any such purchase.

In purchasing construction not exceeding the bidding requirement threshold in the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended, the agent shall use the same informal bid procedures as set forth in Sections 2-442, 2-443 and 2-444 of Division 4 of Article V of this chapter for open market purchases by the procurement purchasing agent. In purchasing construction pursuant to the provisions of this Subsection (b), the City construction purchasing agent is hereby authorized and may execute the necessary public construction contracts and related bonds, with the forms for such contracts and bonds to be approved by the City Manager and Municipal Counselor.

(Code 1980, § 2-503; Ord. No. 19973, § 1, 6-22-93; Ord. No. 21624, § 2, 12-19-00; Ord. No. 21882, § 1, 12-11-01;

Ord. No. 24940, § 5, 8-12-14; Ord. No. 27276, § 1, 2-14-23)

§ 2-874. Notice inviting bids.

(a) Notice inviting bids for a public construction project shall be published not less than one time in a daily newspaper published in the City. The newspaper notice shall include: a general description of the public construction project; where bidding documents may be obtained; and the time and place for receipt of bids.

(b) Notice of all pending public construction projects shall be advertised by a notice posted on the public bulletin board in the Municipal Building and a listing on the City's website.

(Code 1980, § 2-504; Ord. No. 19973, § 1, 6-22-93; Ord. No. 24741, § 2, 9-24-13)

§ 2-875. Bid deposits.

When deemed necessary, bid deposits for public construction projects may be prescribed in the public notices inviting bids. Unsuccessful bidders may be entitled to the return of the deposit after the award of a contract.

(Code 1980, § 2-505; Ord. No. 19973, § 1, 6-22-93)

§ 2-876. Sealed bids required; bid opening procedures.

(a) Each bidder shall accompany the bid with a sworn statement in writing that the bidder has not, directly or indirectly, entered into any agreement, express or implied, with any other bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bids or bidders, or the parceling or farming out to any bidder or bidders or other persons of any party of the contract or any part of the subject matter of the bid or of the profits thereof.

(b) Bids shall be opened in the presence of the Purchasing Agent or designee, the City Clerk or designee and the City Auditor or designee. Bid openings shall be open to the public. The City Engineer may postpone or cancel bid openings by addendum, if it is in the best interest of the City. Bids not received by the City Clerk prior to the bid receipt deadline shall not be opened and considered. Bids may be reviewed during regular business hours, in the City Clerk's Office and under the supervision of the City Clerk, after the opening. Upon request, copies of any bid, or portion of a bid may be obtained as provided by City ordinance.

(c) Tabulation of all bids received shall be forwarded to the City Manager by the originating department with appropriate recommendation for acceptance or rejection of bids. After award of the contract, upon request, copies of the tabulation of bids may be obtained as provided by City ordinance.

(d) Addenda made to the bidding documents, plans, bid notice requirements, or specifications, prior to bid opening, shall be provided to all prospective bidders who have downloaded the bidding documents in the electronic bidding system.

(e) Addenda may be approved by the City Council prior to bid opening. If not, addenda may be ratified by the City Council. If the City Council does not ratify an addendum, all bids shall be rejected.

(Code 1980, § 2-506; Ord. No. 19973, § 1, 6-22-93; Ord. No. 24741, § 2, 9-24-13; Ord. No. 24940, § 5, 8-12-14)

§ 2-877. Rejection of bids.

(a) The City Council shall have the authority to reject any and all bids for public construction projects.

(b) The City Council may reject the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the City.

(Code 1980, § 2-507; Ord. No. 19973, § 1, 6-22-93)

§ 2-878. Award of contracts.

(a) The Council shall have the authority to award contracts for public construction projects as prescribed by the Charter.

(b) Contracts shall be awarded to the lowest and best bidder as determined by the Council.

(c) Should the bidder awarded a contract be unable or unwilling to enter into the contract and/or provide the necessary bonds and/or insurance, the City reserves the right to offer the contract to the next lowest and best bidder.

(Code 1980, § 2-508; Ord. No. 19973, § 1, 6-22-93)

§ 2-879. Providing for reason for award of certain contracts.

A full and complete statement of the reasons for an award to the lowest and best bidder for a public construction project shall be entered in the records of the City Clerk, whenever the low bidder is not best.

(Code 1980, § 2-509; Ord. No. 19973, § 1, 6-22-93)

§ 2-880. Tie bids.

(a) Local vendors. If all bids received for a public construction project are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.

(b) Outside vendors. Where Subsection (a) is inapplicable, the Council shall award the contract to one of the tie bidders by drawing lots in public.

(Code 1980, § 2-510; Ord. No. 19973, § 1, 6-22-93)

§ 2-881. Bonds.

The requirement for bonds for public construction projects shall be set forth in the bidding documents.

(Code 1980, § 2-511; Ord. No. 19973, § 1, 6-22-93)

§ 2-882. Subdividing contracts prohibited.

No contract shall be subdivided to avoid the requirements of this article.

(Code 1980, § 2-512; Ord. No. 19973, § 1, 6-22-93)

§ 2-883. Encumbrance certificates required.

All City contracts or purchase orders for construction shall contain a certificate of encumbrance as required by 62 O.S. § 310.1., as currently existing or as subsequently amended by the Oklahoma Legislature.

(Ord. No. 21624, § 2, 12-19-00)

§§ 2-884—2-890. Reserved.

DIVISION 2. CONSTRUCTION PURCHASING AGENT

§ 2-891. Construction purchasing agent.

(a) The City construction purchasing agent shall be the City Manager or the designee of the City Manager.

(b) The construction purchasing agent shall have the following powers and perform the following duties:

(1) He/she shall assist the Council, the City Manager and the Public Works Department in letting emergency public construction contracts as authorized by Art. IX, Section 4, of the City Charter, Section 2-872 of this article, and/or by the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended;

(2) He/she shall assist the Council, the City Manager and the Public Works Department in letting public construction contracts with notice and bids pursuant to Art. IX, Section 4, of the City Charter, Section 2- 873(a) and other sections of this article, and pursuant to the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended;

(3) He/she shall make open market purchases for public construction projects not exceeding the bidding requirement threshold in the Oklahoma Public Competitive Bidding Act of 1974, as applicable and as may be amended, as authorized by Section 2-873(b) of this article;

(4) He/she shall assist the Public Works Director in the performance of the Director's various duties; and

(5) He/she shall perform such other duties as may be assigned to him/her by the City Manager and/or the Public Works Director.

(Ord. No. 21624, § 2, 12-19-00; Ord. No. 24940, § 6, 8-12-14; Ord. No. 27276, § 1, 2-14-23)

§§ 2-892—2-900. Reserved.

ARTICLE XI. PROFESSIONAL SERVICES CONTRACTS

§ 2-901. Definitions.

For purposes of this article, the following terms shall have the meanings indicated:

(1) Construction purchasing agent shall mean the person designated by the City Manager as the construction purchasing agent of the City (see Division 2 of Article X of this chapter).

Created: 2025-02-13 10:59:45 [EST]

(2) Guidelines and Procedures for Professional Consultant Selection means the administrative guidelines, forms, and procedures for selection of certain professional services contractors as promulgated from time to time by the City Manager.

(3) Procurement purchasing agent shall mean the person designated by the City Manager as the procurement purchasing agent of the City (see Division 2 of Article V of this chapter).

(4) Professional services contract or professional service means a contract or service that requires the vendor or contractor to perform personal services that are technical in nature, that require professional or scientific judgment or other special skills, training, taste or discretion, or that are not subject to uniform specifications.

(Ord. No. 21624, § 3, 12-19-00; Ord. No. 21721, § 2, 5-22-01)

§ 2-902. Contracts for or purchases of professional services for other than public construction projects.

(a) All City professional services contracts, in an amount that exceeds $50,000.00, for other than public construction projects, shall be entered into and approved by Council, signed by the Mayor and attested by the City Clerk.

(b) All purchases of professional services by the City that are in an amount of $50,000.00 or less and that are not related to a City public construction project, as defined in Article X of this chapter, may be made on the open market. The department head of the requesting City department may request that the City procurement purchasing agent execute the necessary contracts, with the forms for such contracts to be approved by the City Manager and Municipal Counselor, provided, the agent shall have the approval of the Chief Financial Officer prior to signing any such purchasing agreements or contracts. The City procurement purchasing agent shall also have the sole authority to sign renewal documents for these contracts when required.

(c) All City professional services contracts covered by the provisions of the Guidelines and Procedures for Professional Consultant selection shall be made and entered into pursuant to such guidelines and procedures, and all such contracts shall be entered into and approved by Council, signed by the Mayor and attested by the City Clerk.

(d) All City contracts or purchase orders for professional services shall contain a certificate of encumbrance as required by 62 O.S. § 310.1, as currently existing or as subsequently amended by the Oklahoma legislature.

(Ord. No. 21624, § 3, 12-19-00; Ord. No. 21721, § 3, 5-22-01; Ord. No. 24940, § 7, 8-12-14; Ord. No. 27276, § 2, 2- 14-23; Ord. No. 27506, § 1, 1-16-24)

§ 2-903. Contracts for professional services related to public construction projects.

(a) All City professional services contracts, in an amount that exceeds $100,000.00, related to a public construction project, as defined in Article X of this chapter, shall be entered into and approved by Council, signed by the Mayor and attested by the City Clerk.

(b) All City professional services contracts, in an amount of $100,000.00 or less, related to a public construction project, as defined in Article X of this chapter, may be made on the open market. The department head of the requesting City department may request that the Public Works Director execute the necessary contracts, with the forms for such contracts to be approved by the City Manager and Municipal Counselor. The Public Works Director shall also have the authority to sign renewal of these professional services contracts when required.

Created: 2025-02-13 10:59:45 [EST]

(c) All City contracts or purchase orders for professional services shall contain, as applicable, a certificate of encumbrance as required by 62 O.S. § 310.1, as currently existing or as subsequently amended by the Oklahoma legislature.

(Ord. No. 27276, § 3, 2-14-23)