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HomeMy WebLinkAbout1974-10-01; City Council; 1171; CMC 3.28 amends - Public bidding purchases minimum amount increasei 1 2 3 4 5 6 7 e s 1C I3 12 1: 2( 2: 2: 2; 2r 2t 2( 2' 21 2! 3( 3: 3; ORDINANCE NO. 11 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 3.28 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 3.28.070, 3.28.100 AND 3.28.110 TO INCREASE THE MINIMUM AMOUNT OF PURCHASES SUBJECT TO PUBLIC BIDDING REQUIREMENTS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 3.28 of the Carlsbad Municipal Code is hereby amended by the amendment of Sections 3.28.070, 3.28.100 and 3.28.110 to read as follows: "3.28.070 Bidding. Purchases of supplies and equipment shall be by bid procedures pursuant to Sections 3.28.100 and 3.28.110. Bidding may be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, or when the amount involved is less than two hundred and fifty dollars, or when the commodity can be obtained from only one vendor. 'I "3.28.100 Formal contract procedure. Except as otherwise provided in this chapter, purchases of suppTies and equipment of an estimated value greater than three thousand five hundred dollar shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed: (1) Notice inviting bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, an the time and place for opening bids. be published at least ten days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed and published in the city, solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have made written request that their names be added thereto, also advertise pending purchases by a notice posted on a public bulletin board in the city hall; purchasing officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security, provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowes bidder, the amount of the lowest bidder's security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, (A) PUBLISHED NOTICE. Notices inviting bids shall (B) BIDDERS' LIST. The purchasing officer shall also (C) BULLETIN BOARD. The purchasing officer shall (2) Bidder's security. When deemed necessary by the 1c 11 12 1: P 14 2( F - 0 2: 2: 2: 21 2! 2( 2' 21 2! 3( 3: 3; shall be returned to the lowest bidder. If the city council re- jects all bids presented and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids (and the surplus, if any, shall be returned to the lowest bidder) ; ted to the purchasing officer and shall be identified as 'bids' on the envelope. place stated in the public notices. received shall be open for public inspection during regular busi- ness hours for a period of not less than thirty calendar days aftei the bid opening; council may reject any and all bids presented and readvertise for bids pursuant to the procedure hereinabove prescribed: herein, contracts shall be awarded by the city council to the lowest responsible bidder; (6) Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay or readver- tising for bids, the city council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotia- tion with the tie bidders at the time of the bid opening; authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be describ ed in the notice inviting bids." (3) Bid opening procedure. Sealed bids shall be submit- Bids shall be opened in public at the time and A tabulation of all bids (4) Rejection of bids. In its discretion, the city (5) Award of contracts. Except as otherwise provided (7) Performance bonds. The city council shall have "3.28.110 Open market procedure. Purchase of supplies and ecsuiPment of an estimated value in the amount of three thousindLfive hundred dollars or less may be made by the purchasinl officer in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in Section 3.28.100, provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total esti- mated value of less than two hundred and fifty dollars: wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder; (2) Notice inviting bids. The purchasing officer shall solicit bids by written requests to prospective vendorsp by tele- phone and by public notice posted on a public bulletin board in the city hall; to the purchasing officer who shall keep a record of all open market orders and bids for a period of one year after the submis- sion of bids or the placing of orders. This record, while so kept shall be open to public inspection." (1) Minimum number of bids. Open market purchases shall, (3) Written bids. Sealed written bids shall be submitted EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoptio INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the _- 17th day of September, 1974, 2 .. and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 1st day of October , 1974, by the following vote, to wit: AYES: NOES : None Councilmen Frazee, Chase, Lewis, McComas and Skotni ABSENT: None I-- ATTEST : (SEAL) 3. i.