HomeMy WebLinkAbout1996-03-19; City Council; NS-351; CMC 3.28 amends - Purchasing procedures revision...1
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ORDINANCE NO. NS-351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 3, C,HAPTER 3.28
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
OF SECTIONS 3.28.060, 3.28.070, 3.28.080, 3.28.1 IO, 3.28.120,
3.28.130, 3.28.140, 3.28.150, 3.28.172, 3.28.180, AND 3.28.190,
TO REVISE THE PURCHASING PROCEDURES.
The City Council of the City of Carlsbad, California, does ordain as follc
SECTION 1: That Title 3, Chapter 3.28 of the Carlsbad Municipal C
amended by the amendment of Sections 3.28.060, 3.28.070, 3.28.080, 3.2
3.28.120, 3.28.130, 3.28.140, 3.28.150, 3.28.172, 3.28.180, and 3.28.190 tor
follows:
3.28.060 Duties of Purchasing Officer.
The purchasing officer shall have the authority to:
(1 ) Purchase or contract for supplies, services and equipment required
using department in accordance with purchasing procedures prescribed I
chapter, such administrative regulations as the purchasing officer shall adopt
internal management and operation of the purchasing department and such othc
and regulations as shall be prescribed by the city manger;
3.28.070 Requisitions.
Using departments shall submit requests for supplies, services and equipmen
purchasing officer by standard requisition forms, or by other means as r
established by the purchasing rules and regulations.
3.28.080 Public Proiects.
Contracts for public projects in the city shall be governed by applicable sta
including the California Public Contract Code, Division 2, Part 1 , Chapters I ,
and 9, Section I 100 et seq. and Division 2, Part 3, Chapters I and 2 of thc
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Agency Public Construction Act, Sections 201 00 et seq., which includes the ad1
3 /1 by the city of the alternative provisions of the Uniform Public Constructior
4 Accounting Act for use in the city. Contracts for public projects also shall be go\
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the latest supplement thereto, except as otherwise provided by the city council 6
by the current edition of the Standard Specifications for Public Works Constructic
7 11 city manger if the contract is within his authority.
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3.28.1 10 Encumbrance of Funds.
10 11 Except in cases of emergency or in cases where specific authority has bee
11 obtained from the city council, the purchasing officer shall not issue any purchase
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tion in the department budget against which such purchase is to be charged. 13
for supplies, services and equipment unless there exists an unencumbered app!
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3.28.120 Formal Bidding Procedure.
(4) When deemed necessary by the purchasing officer, bidder’s securi
17 be prescribed in the public notices inviting bids. Bidders shall be entitled to re
18 bid security; provided, however, that a successful bidder may forfeit his bid s
19 upon his refusal or failure to execute the contract within twenty days after the nc
2o award of contract has been mailed, unless the city is solely responsible for thc
21 in executing the contract. The city council or its designee may, on refusal or fa
22 the successful bidder to execute the contract, award it to the next lowest respc 23
24 bidder. If the city council or its designee awards the contract to the next lowest
25 the amount of the lowest bidder’s security may be applied by the city to the c
26 price differential between the lowest bid and the second lowest bid, and the s
27 if any, may be returned to the lowest bidder. If the city council rejects z
28 presented, due to the failure of the successful bidder to execute the contra
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readvertises, the amount of the lowest bidder's security may be used to offset th
of receiving new bids and the surplus, if any, may be returned to the lowest bic
(6) All bids or proposals shall be deemed rejected if no city council ac
taken on the bids or proposals within ninety days after the bids or proposals havt
received and opened regardless of whether the matter has been forma\\y submi
the city council for consideration.
(8) The city shall have authority to require a performance bond before el
a contract in such amount as it finds reasonably necessary to protect the best in
of the city. If the city requires a performance bond, the form and amount of thl
shall be described in the notice inviting bids or proposals.
3.28.130 Open Market Procedure.
(b) (4) If feasible, purchases shall be based upon at least three writtt
and shall be awarded to the lowest responsible bidder who submits a responsi
3.28.1 40 Competitive Negotiations.
The purchasing officer may authorize the solicitation of professional services nc
in Section 3.28.150 and the purchase of highly technical supplies or equipn
competitive negotiations when:
(I) The professional services required are not defined by 1
3.28.150
(2) The supplies or equipment are such that suitable techr
performance specifications are not readily available; or
(3) The city is not able to develop descriptive specifications; o
(4) Requesting proposals for the particular service or purchasc
be more advantageous to the city.
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The award is made to the responsible offeror whose proposal is determi
be most advantageous to the City taking into consideration price and the eval
criteria set forth in the request for proposal. The use of competitive negotiations
intended to be used for the purpose of avoiding the bidding procedures as set 1
this chapter.
3.28.150 Professional Services.
Request for proposals shall be used when the services of professionals are nl
The selection of specialized professional services, including private architc
landscape architectural, engineering, environmental, land surveying or const
project management firms is based on demonstrated competence and I
professional qualifications necessary for the satisfactory performance of the st
required and on a fair and reasonable price. Whenever possible at leas
proposals shall be received for the professional service needed. The purc
officer may waive the requirements for solicitation of multiple proposals if or
individual or firm can provide the professional service. The selection procec
professional services not listed above shall be Section 3.28.140 Coml
Negotiations. The selection procedure for limited technical or maintenance SI
shall be Section 3.28.120 Formal Bidding Procedure or Section 3.28.130 Open
Procedure.
3.28.172 Award and Execution of Chanqe Orders and Amendments.
(a) No change in an agreement or a contract shall be made with1
issuance of a written change order or amendment and no payment for any such 1
shall be made unless a written change order or amendment has first been aF
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and executed in accordance with this section designating in advance the work
done and the amount of additional compensation to be paid.
(b) Provided that the funding for an agreement or a contract has
previously approved and the expenditure of such funds authorized by the city o
the city manager shall have authority to award and execute change ord
amendments for any such contract or agreements as follows:
(1 ) All changes to an amendment or a contract within the aL
granted to the city manager by Section 3.28.170, provided the amount of the cc
as revised is within the limits of that authority.
(2) Change orders to contracts or amendments to agreements
value from twenty-five thousand dollars to seventy-five thousand dollars 17
approved in an amount not to exceed twenty-five percent of the original price 1
limit of ten thousand dollars per change order or amendment. The cumulative i
of all change orders approved by the city manager for any project shall not 1
twenty-five thousand dollars.
(3) Change orders to contracts or amendments to agreement$
value of seventy-five thousand dollars or more may be approved in an amoun
exceed ten percent of the original price up to a limit of twenty-five thousand doll
change order or amendment. The cumulative amount of any change or(
amendments approved by the city manager for any individual project shall not 1
the lesser of seventy-five thousand dollars, or twenty-five percent of the origin2
After reviewing a large complex project, the city council may by resolution authol
city manager to approve change orders or amendments in excess of the cum
limit to an amount determined appropriate for such project by the council.
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(c) All other change orders shall be awarded by the city council.
3.28.180 Exemptions from centralized purchasing.
The purchasing officer, with the approval of the city manager, may authorize in \
any departmen to purchase specified supplies, services and equipment of estil
amounts of less than five thousand dollars independently of the purct
department. Such purchases shall be made in conformity with the proce
established by this chapter, and shall further require periodic reports fro
department on the purchases made under such written authorization.
3.28.190 Supplies. Services and Equipment not Governed bv this Char
Supplies, services and equipment not subject to the provisions of this chapter
follows:
(I) Utility services and related charges;
(2) Work or services performed by another public or quasi-public c
(3) Real property purchases and related title and escrow fees;
(4) Real property leases;
(5) Credit card purchases of gasoline, oil or emergency automotive I
(6) Transportation and freight charges when not specifically indk
a purchase order;
I (7) Insurance and bond premiums;
(8) Advertising;
(9) Works of art, entertainment or performers;
(1 0) Books, periodicals;
(1 I ) Membership dues, conventions, training, travel arrangements in
hotels, car rentals and airfare;
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(1 2) Emergency construction, equipment or vehicle repair.
EFFECTIVE DATE: This ordinance shall be effective thirty days a
adoption, and the city clerk shall certify to the adoption of this ordinance and c
to be published at least once in a newspaper of general circulation within fiftec
after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsb
Council on the 12th day of MARCH , 1996, and thereafl
PASSED AND ADOPTED at a regular meeting of the City Council of the
Carlsbad on the 19th day of MARCH , 1996, by the fo
vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ABSTAINED: Council Member Nygaard
APPROVED AS TO FORM AND LEGALITY
Attest:
Aletha L. Rautenkranz, City Clerk \
(SEAL)