HomeMy WebLinkAbout2008-08-05; City Council; CS-002; Adopt New Chapter 3.28 Of Carlsbad Municipal Code...1
2
3
4
5
REGULATING PURCHASING.
6
7
8
9
10
22
23
24
25
Exhibit 1
ORDINANCE NO. CS-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING EXISTING
CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE
REGULATING PURCHASING AND ADOPT A NEW
CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That existing Chapter 3.28 of the Carlsbad Municipal Code is
repealed in its entirety:
SECTION 2: That a new Chapter 3.28 of the Carlsbad Municipal Code is enacted
11 in its entirety and reads as follows:
12
13
14
15
16
17
18
19
20
21
CHAPTER 3.28
PURCHASING
Sections:
3.28.010 Title.
3.28.020 Purpose.
3.28.030 Definitions.
3.28.040 Procurement and Disposition Responsibilities.
3.28.050 Procurement of Goods.
3.28.060 Procurement of Professional Services and Services.
3.28.070 Competitive Negotiations for Goods, Services and Professional
Services.
3.28.080 Construction Projects.
3.28.090 Execution of Change Orders and Amendments.
3.28.100 Cooperative Purchasing.
3.28.110 Exemptions.
3.28.120 Emergencies.
3.28.130 Prevailing Wages.
3.28.140. Severability
3.28.010 Title.
This chapter shall be known and may be cited and referred to as the "Purchasing26
Ordinance of the City of Carlsbad."
27
28 '"
-1 -
1
2
4
Exhibit 1
3.28.020 Purpose.
The purposes of this chapter are to define a uniform system for the purchase of supplies,
Services and equipment by the City, to provide for the fair and equitable treatment of all
3 persons involved in the purchasing process, to obtain the highest possible value in
exchange for public funds and to safeguard the quality and integrity of the purchasing
system.
5
3.28.030 Definitions.
6
A. For the purposes of this chapter, the following definitions apply:
1. Awarding Authority. "Awarding Authority" means the entity who has the
power to legally assign work, accept Bids and bind the City to a Contract;
2. Best Value. "Best Value" means the Best Value to the City based on all
9
10
11
12
14
15
16
18
19
20
21
23
24
25
26
factors that may include the following:
a. Cost;
b. The ability, capacity and skill of a Contractor to perform a Contract or
provide the supplies, Services or equipment required;
c. The ability of a Contractor to provide the supplies, Services or
equipment promptly or within the time specified without delay or interferences;
d. The character, integrity, reputation, judgment, experience and
efficiency of a Contractor;
e. The quality of a Contractor's performance on previous
purchases/Services with the City; and
f. The ability of a Contractor to provide future maintenance, repairs,
parts and Services for the use of the Goods and Services purchased.
3. Bid, Contract or Proposal Documents. "Bid, Contract or Proposal
Documents" means the documents, including their attachments and addenda, which set
forth instructions to bidders or proposers and which are disseminated for the purpose of
17 soliciting Bids or proposals.
4. Capital Outlay Item. "Capital Outlay Item" means Fixed Asset Equipment
with a monetary value that meets or exceeds an amount established by the Finance
Director.
5. Construction Projects. "Construction Projects" or "Construction" means
those public projects defined in California Public Contract Code section 22002(c).
6. Contract. "Contract" is synonymous to "Agreement" and, regardless of
which term is used, it means an agreement between the City and one or more other
parties for the purchase or disposition of Goods, Services, Professional Services, and/or
22 Construction Projects.
7. Contractor. "Contractor" includes vendor and means any business
entity/party that has entered into a Contract with the City for the provision or disposition
of Goods, Services, Professional Services, and/or Construction Projects.
8. End User. "End User" means the City of Carlsbad and includes, any City
department/division requesting Goods, Services, Professional Services, and/or
Construction Projects.
9. Fixed Asset Equipment. "Fixed Asset Equipment" means equipment of a
permanent nature that has a useful life of more than one year and meets or exceeds a
monetary value established by the Finance Director.
28
-2-
4
5
6
7
9
10
11
12
13
14
15
16
17
28
Exhibit 1
1 10. Goods. "Goods" means articles or items that are moveable at the time of
sale, including but not limited to equipment, supplies and/or materials.
2 11. Procurement. "Procurement" or "Procure" means the acquisition of Goods,
Services, Professional Services, or Construction Projects by the City, including but not
3 limited to purchasing, renting or leasing, and all functions and procedures pertaining to
such acquisitions.
12. Professional Services. "Professional Services" means the Procurement of
Services that involve the exercise of professional discretion and independent judgment
based on advanced or specialized knowledge, expertise or training gained by formal
study or experience. Such Professional Services include, but are not limited to, Services
provided by appraisers, architects, engineers, instructors, insurance advisors, physicians
and/or other specialized consultants. Professional Services includes, but is not limited to,
those professionals as defined in California Government Code section 4526.
Professional Services does not include attorney/legal services.
13. Purchasing Officer. "The Purchasing Officer" means the person(s)
responsible for the Procurement of Goods, Services, Professional Services, and/or
Construction Projects in accordance with the provisions of this chapter. The person(s)
designated, in writing, by the City Manager as the Purchasing Officer of the City, or an
individual specifically authorized by the Purchasing Officer to act on his or her behalf.
14. Responsible Bidder. "Responsible Bidder" means a bidder determined by
the Awarding Authority:
a. To have the ability, capacity, experience and skill to provide the
Goods, Services, Professional Services, and/or Construction Projects in accordance with
Bid Specifications, and if applicable:
b. To have the ability to provide the Goods, Services, Professional
Services, and/or Construction Projects promptly, or within the time specified, and if
applicable:
c. To have equipment, facilities and resources of such capacity and
location to enable the bidder to provide the required Goods, Services, Professional
Services, and/or Construction Projects and if applicable:
d. To be able to provide future, maintenance, repair, parts and Service
for the use of the Goods and/or Construction Projects purchased, and if applicable:
19 e. To have a record of satisfactory performance under prior Contracts
with the City or other purchasers where such bidder has previously been awarded such
20 Contract.
15. Responsive Bidder. "Responsive Bidder" means a bidder determined by
21 the Awarding Authority to have submitted a complete Bid or proposal which conforms in
all material respects to the requirements of the Bid, Contract, or other proposal
ents.
16. Services. "Services" means work performed, or labor, time and effort
expended, by the Contractor.
17. Specifications. "Specifications" means the description of the physical
and/or functional characteristics or of the nature of the required Goods, Services,
Professional Services, and/or Construction Projects.
18. Surplus Personal Property. "Surplus Personal Property" means Goods that
are owned by the City and which are no longer needed or which are obsolete or
unserviceable, or property that is a by-product (e.g. scrap metal, used tires and oil, etc.).
19. UPCCAA. "UPCCAA" means Uniform Public Construction Cost Accounting
Act. (California Public Contract Code Section 22000, et seq.)
22 documents.
24
25
26
27
-3-
4
5
6
7
9
10
11
12
14
15
16
17
19
20
21
22
23
24
25
26
Exhibit 1
3.28.040 Procurement and Disposition Responsibilities.
2 A. End User. The End User shall:
1. Identify its Procurement needs and the availability of funding; and
3 2. Submit to the Purchasing Officer Specifications for the required Goods,
Services, Professional Services, and/or Construction Projects; and
3. Participate in the evaluation of Bids and proposals; and
4. Inspect Goods delivered, Services performed, Professional Services
rendered, and/or Construction Projects to determine conformity with the requirements set
forth in the Bid or Proposal Documents and with contractual obligations, and authorize
payments for conforming Goods, Services, Professional Services, and/or Construction
Projects.
B. Purchasing Officer. The Purchasing Officer shall be responsible for the Procurement
of Goods, Services, Professional Services, and/or Construction Projects for the City in
accordance with the provisions of this chapter. Except as provided for herein, no
Procurement shall be made contrary to the provisions of this chapter. Any Agreement or
Contract for the purchase of Goods, Services, Professional Services, and/or
Construction Projects made contrary to the provisions of this chapter shall be void and
any claim or demand against the City based thereon shall be invalid. The Purchasing
Officer shall:
1. Prepare and recommend to the City Manager operational procedures and
forms for the Procurement of Goods, Services, Professional Services, and/or
Construction Projects in cooperation with the End Users and for the disposal of Surplus
Personal Property;
2. Procure or supervise the Procurement of all Goods, Services, Professional
Services, and/or Construction Projects needed in coordination with End Users;
3. Process the Contracts awarded administratively and/or by City Council;
4. Whenever possible, establish standardized specifications and consolidation
of requirements for Goods and/or Services required by two or more End Users;
5. Sell or otherwise dispose of Surplus Personal Property, and lost and
unclaimed property held by the City's police department.
C. City Manager. The City Manager shall be the Awarding Authority for:
1. All Procurement of Goods for which the cost to the City is one hundred
thousand dollars ($100,000) or less;
2. All Contracts for Services and Professional Services of one hundred
thousand ($100,000) or less per Agreement year;
3. All Construction Project Contracts less than the formal bidding threshold
established by the UPCCAA;
4. Any change order, amendment or extension to an existing Contract which
when added to the Contract amount, including prior change orders, is within the authority
granted in Sections 1,2,3 and 4 above;
5. Any Construction Project change order up to the dollar amount equal to the
contingency amount set when the underlying Contract was awarded;
6. Any Construction Project change order in which the total amount of the
original Contract and all amendments and change orders are less than the formal bidding
threshold established by the UPCCAA;
7. Any change order or amendment to a non-Construction Project Contract
27 awarded by the City Council in an amount up to twenty-five percent of the original
28
-4-
Exhibit 1
1 Contract amount, including the total of all amendments and change orders, up to a limit
of one hundred thousand dollars ($100,000) per Agreement year.
2 8. Any extensions to a Contract awarded by the City Council as delegated in
the Contract or the approving resolution.
3 9. The City Manager shall approve alternate Procurement methods, if
appropriate, for use on an experimental basis, and recommend to the City Council
additions, deletions or modifications to the City's Procurement methods.
10. The City Manager shall have the authority to delegate the awarding of
Contracts, amendments and change orders for Goods, Services, Professional Services,
and/or Construction Projects as set forth in this chapter by Memorandum or by
Administrative Order.
11. Each month the City Manager shall send to the City Council a report of all
Contracts that have been awarded over the formal Bidding requirement.
D. City Council. The City Council shall be the Awarding Authority for:
1. Any Procurement of Goods, Services and/or Professional Services costing
more than $100,000 per agreement year;
2. Any Construction Project Contract at or above the formal bidding threshold
established by the UPCCAA;
3. Any change order or amendment that exceeds the City Manager's
authority.
E. City Attorney. The City Attorney shall be the Awarding Authority for the Procurement
of legal services, regardless of the dollar amount, up to the amount of appropriations
available.
4
5
6
7
9
10
11
12
14
15
16
17
19
20
21
23
24
25
26
28
3.28.050 Procurement Of Goods.
A. Small Procurements:
1. Procurements of Goods where the total cost of Goods are thirty thousand
dollars ($30,000) or less in any one transaction, shall be made using simplified and cost
effective operational procedures and forms approved by the City Manager. The use of
formal or informal Bids is not required, but is considered the best management practice.
The small Procurement limit shall be reviewed and adjusted annually per the procedures
set forth in Section 3.28.050(C)(1). Procurement requirements shall not be divided so as
to constitute several small Procurements under this subsection.
B. Informal Bidding for Goods:
1. Informal bidding procedure shall be utilized:
a. When the anticipated cost of the Goods to be purchased is less than
the dollar amount established for formal bidding for Goods in Section 3.28.050(C) (1)
22 herein; or
b. When no Bids are received pursuant to the formal Bid procedures
established; or
c. When all Bids received substantially exceed the City's estimated
costs, as determined by the Purchasing Officer through the formal bidding procedure.
d. The City Council may designate types or classes of Procurements
costing more than the dollar amount established for formal bidding in Section
3.28.050(C) (1) herein; which may be purchased through the use of informal bidding
procedures whenever the City Council finds that use of the informal bidding procedure is
27 advantageous to the City consistent with applicable law.
2. The informal bidding procedure shall be as follows:
-5-
2
4
5
6
7
10
11
12
14
15
16
17
19
20
21
22
24
25
26
27
28
Exhibit 1
1 a. Bids shall be obtained by written or oral request.
b. When possible, a minimum of three bidders should be solicited.
c. Best Value criteria, if used, must be determined before Bids/quotes
are published or distributed to potential bidders/suppliers.
3 d. Responses shall be in writing, and may be transmitted by facsimile,
by mail, electronically over the Internet, or by any other means of delivery as described in
the Bid Documents.
e. The award shall be based on Best Value to the City or the lowest Bid
submitted by a Responsive Bidder, as determined by the Purchasing Officer, and shall
be awarded by the City Manager.
C. Formal Bidding for Goods:
1. Formal bidding procedures shall be utilized when the anticipated cost of the
Goods is greater than thirty thousand dollars ($30,000). The Bid limit shall be reviewed
annually and adjusted in response to the San Diego - All Urban Consumers Consumer
Price Index. The Purchasing Officer shall calculate the effect of the cumulative change in
the index to thirty thousand dollars ($30,000) beginning in Fiscal Year 2009. Adjustment
to the bid limit will be made in five thousand dollar increments ($5,000) whenever the
calculated value exceeds a previously set bid limit by more than two thousand five
hundred dollars ($2,500). The bid limit adjustment will be made effective at the beginning
of a fiscal year by memorandum from the Purchasing Officer.
2. Procurement requirements shall not be divided so as to avoid the formal
bidding requirements.
3. The formal bidding procedures shall be as follows:
a. The Purchasing Officer, or his/her designee, shall issue a notice
inviting Bids using one or more methods designed to provide reasonable public notice in
a manner which will permit current information to be disseminated widely. The notice
shall include:
i. instruction to bidders;
ii. Specifications describing the required Goods;
iii. Bid forms and schedules;
iv. any required bond forms;
v. general Contract provisions;
vi. the time on or before which Bids will be received;
vii. where and with whom Bids shall be filed;
viii. the date, time and place where and when Bids will be publicly
ix. statement of Bidders exceptions.
b. The sealed formal Bids shall be received by the Purchasing Officer,
or his/her designee, at a time, date and place designated in the Bid documents. Formal
Bids, timely received, will be publicly opened by the Purchasing Officer, or his/her
designee, and the aggregate Bid pricing shall be read aloud.
c. Any person or entity with whom the City has contracted to prepare or
assist in the preparation of Bid or Proposal Documents is ineligible to submit a Bid or
Proposal for the provision of the Goods so specified in the notice inviting Bids or
Proposals.
d. Formal Bids received after the deadline for receipt of Bids shall not
be accepted by the City and shall be returned to the bidder unopened, unless opening is
necessary for identification purposes. The Purchasing Officer, or his/her designee, shall
submit written notification to the bidder whose Bid was received after the deadline stating
opened;
-6-
Exhibit 1
1 what the deadline was, when the Bid was actually received and that the Bid is being
returned because it was received after the deadline.
2 4. If no Bids are received or if no Bids meet the requirements as specified in
the solicitation documents, the Purchasing Officer may reissue the solicitation using the
3 informal bidding procedures, negotiate a Contract based upon the solicitation, without
4
5
6
7
8
9
10
11
12
14
15
16
17
19
20
21
24
25
26
further complying with this section or the City may cease the Procurement.
5. If two or more Bids are received with the same total amount or unit price,
quality and service being equal, and if the public interest will not permit the delay of re-
advertising for Bids, the City Council, or the City Manager if the Procurement is under
one hundred thousand dollars ($100,000), may exercise sound discretion and accept the
Bid it chooses.
6. In considering formal Bids for Goods, the Awarding Authority may waive
minor defects or irregularities, provided that the irregularities do not affect the Bid amount
or give a particular bidder an advantage over others.
7. All Bids shall be deemed rejected if no City Council or City Manager action
is taken on the Bids or proposals within ninety (90) days after the Bids have been
received and opened, unless bidders agree to extend a Bid's effective date upon request
by the City.
D. Additional Responsibilities and Authorities:
1. The City shall have the authority to require a performance bond in such
amount as it finds reasonably necessary to protect the best interests of the City
consistent with applicable law. If the City requires a performance bond, the amount of the
1 bond shall be described in the notice inviting Bids and Bid Proposal Documents.
2. All Contracts may be awarded based on the Best Value for the City. Best
Value criteria, if used, must be determined before Bids/quotes are published or
distributed to potential bidders/suppliers.
3. The City Manager shall be the Awarding Authority for Procurement of
Goods for which the cost to the City is one hundred thousand dollars ($100,000) or less.
4. The City Council shall be the Awarding Authority for Procurement of Goods
for which the cost to the City is more than one hundred thousand dollars ($100,000) and
have not been previously approved as Capital Outlay items in the budget process.
E. The City's Goods Procurement practice prohibits unlawful activity including, but not
limited to, rebates, kickbacks, or other unlawful consideration. No City employee shall
participate in the selection process if that employee has a relationship with a person or
business entity seeking a Contract with the City that would subject that employee to the
prohibition of Government Code section 87100 (Conflicts of Interest).
22
A. Professional Services Procurement:
3.28.060 Procurement Of Professional Services and Services.
23
1. Request for Proposals should be used when Professional Services are
needed. The selection of Professional Services for, private architectural, landscape
architectural, engineering, environmental, land surveying or Construction Project
management firms should be based on the professional qualifications necessary for the
satisfactory performance of the Professional Services required, on demonstrated
competence, and on a fair and reasonable price consistent with Government Code
27 section 4526.
28
-7-
1
2
4
5
6
7
9
10
11
12
14
15
16
17
19
20
21
22
24
25
26
Exhibit 1
2. Procurements of Professional Services where the total cost of Services are
thirty thousand dollars ($30,000) or less shall be made using simplified and cost effective
operational procedures and forms approved by the City Manager. If the cost of needed
Professional Services is expected to exceed $30,000, at least three proposals should be
3 solicited for the Professional Service needed whenever possible. The Purchasing Officer
may waive the requirements for solicitation of multiple proposals if only one individual or
firm can reasonably provide the Professional Services, and it is in the best interest of the
City to waive the requirement.
B. Small Procurements of Services:
1. Procurements of Services where the total cost of Services are thirty
thousand dollars ($30,000) or less in any one transaction, shall be made using simplified
and cost effective operational procedures approved by the City Manager and forms
approved by the City Manager. The use of formal or informal Bids is not required, but is
considered the best management practice. The small Procurement limit shall be
reviewed and adjusted annually per the procedures set forth in Section 3.28.050(C)(1).
Procurement of Services requirements shall not be divided so as to constitute several
small Procurements under this subsection.
C. Informal Bidding for Services:
1. Informal bidding procedure, as set forth in Section 3.28.050(B)(2) may be
utilized:
a. When no Bids are received pursuant to the formal Bid procedures
established; or
b. The City Council may designate types or classes of Procurements
costing more than the dollar amount established for formal bidding in Section
3.28.060(D)(1) herein; which may be purchased through the use of informal bidding
procedures whenever the City Council finds that use of the informal bidding procedure is
advantageous to the City consistent with applicable law.
D. Formal Bidding for Services:
1. Formal bidding procedures shall be utilized when the anticipated cost of the
Services is greater than thirty thousand dollars ($30,000). The Bid limit shall be reviewed
annually and adjusted in response to the San Diego - All Urban Consumers Consumer
Price Index. The Purchasing Officer shall calculate the effect of the cumulative change in
the index to thirty thousand dollars ($30,000) beginning in Fiscal Year 2009. Adjustment
to the bid limit will be made in five thousand dollar increments ($5,000) whenever the
calculated value exceeds a previously set bid limit by more than two thousand five
hundred dollars ($2,500). The bid limit adjustment will be made effective at the beginning
of a fiscal year by memorandum from the Purchasing Officer.
2. Procurement requirements shall not be divided so as to avoid the formal
bidding requirements.
3. The formal bidding procedures and requirements shall be as set forth in
Section 3.28.050(C) and Section 3.28.050(0).
4. The City Manager shall be the Awarding Authority for Procurement of
Services and Professional Services for which the cost to the City is one hundred
thousand dollars ($100,000) or less per Agreement year.
5. The City Council shall be the Awarding Authority for Procurement of
Services and Professional Services for which the cost to the City is more than one
hundred thousand dollars ($100,000) per Agreement year.
27 E. The City's Services and Professional Services Procurement practice prohibits
28 unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful
-8-
1
2
4
5
6
7
9
10
11
12
20
21
23
24
25
26
Exhibit 1
consideration. No City employee shall participate in the selection process if that
employee has a relationship with a person or business entity seeking a Contract with the
City that would subject that employee to the prohibition of Government Code section
87100 (Conflicts of Interest).
3.28.070 Competitive Negotiations for Goods, Services, and Professional Services.
A. The Purchasing Officer may authorize the solicitation of Services and/or Professional
Services other than those listed in Section 3.28.060, and the purchase of highly
specialized Goods by competitive negotiations when:
1. The cost of the Goods, Services and/or Professional Services is greater
than the dollar amount established for formal bidding in Section 3.28.050(C)(1) and
Section 3.28.060(D)(1); and
2. The Goods are such that suitable technical or performance Specifications
are not readily available; or
3. The City is not able to develop descriptive Specifications; or
4. Requesting proposals for the particular Service or Goods to be procured
would be more advantageous to the City.
B. Whenever possible, at least three proposals shall be received and the award will be
based on the proposal that is determined to be most advantageous to the City, taking
into consideration price and the evaluation criteria set forth in the request for proposal.
Competitive negotiations are not intended to be used for the purpose of avoiding the
bidding procedure set forth in this chapter.
14 C. The City Manager or his/her designee shall award Contracts for Goods and/or
Services less than one hundred thousand dollars ($100,000) per Agreement year.
15 D. The City Council shall award Contracts for Goods and/or Services over one hundred
thousand dollars ($100,000) per Agreement year.
16
3.28.080 Construction Projects.
17
18 A. Except where specifically exempted from such laws by ordinance of the City Council,
Contracts for Construction Projects in the City shall be governed by applicable state laws
19 including the California Public Contract Code, Division 2, Part 1, and Division 2, Part 3,
the Local Agency Public Construction Act, which includes the adoption by the City of the
alternative provisions of the Uniform Public Construction Cost Accounting Act for use in
the City. Contracts for Construction Projects shall also be governed by the current edition
of the Standard Specifications for Public Works Construction and the latest supplement
thereto, adopted by the Greenbook Committee of the Public Works Standards, Inc.,
22 except as otherwise provided by the City Council or the City Manager if the Contract is
within his/her authority.
1. Construction Projects less than the amount specified in Section 22032 (a)
of the California Public Contract Code may be performed by City employees by force
account, by negotiated Contract or by purchase order.
2. Construction Projects less than the amount specified in Section 22032 (b)
of the California Public Contract Code may be let to Contract by informal procedures set
forth in this section.
3. Construction Projects of more than the amount specified in Section 22032
27 (c) of the California Public Contract Code shall be let by formal bidding procedure.
28
-9-
Exhibit 1
1 4. It shall be unlawful to split or separate work or projects into smaller work
orders on projects for the purpose of evading the provisions of this chapter.
2 5. The City Council shall adopt plans and Specifications for all Construction
Projects to be formally bid when the value exceeds the limits established by the UCCAA.
3 6. The informal bidding for Construction Projects procedures shall include the
4
5
6
7
8
9
10
11
12
a. The Purchasing Officer or his/her designee shall develop a list of
qualified Contractors eligible to submit Bids on informal Contracts awarded by the City.
The list shall be organized in accordance with the license classifications of the
Contractor's State License Board.
b. The Purchasing Officer or his/her designee shall mail notice inviting
informal Bids to all Contractors on the list of qualified Contractors and construction trade
journals not less than ten (10) calendar days before Bids are due.
c. The notice inviting informal Bids shall describe the project in general
terms, how to obtain more detailed information about the project, the time, date and
place for the submission of Bids, and whether or not the project will require the payment
of prevailing wages.
d. When the Awarding Authority deems feasible, Bid Documents may
be transmitted and/or received over the Internet.
e. The Awarding Authority may in its sole discretion reject any or all
Bids presented and waive any minor irregularity or informality in such Bids. The Contract
shall be awarded to the lowest Responsive, Responsible Bidder. If no Bids are received
13 through the informal procedure, the project may be performed by City employees, by
14
15
16
17
19
20
21
22
24
25
following procedures:
force account or negotiated Contract without further complying with this section.
Contracts.
f. The City Manager or his/her designee shall award all informal
7. The formal bidding procedures for Construction Projects shall include the
following:
a. The Purchasing Officer, or his/her delegate, shall mail notice inviting
formal Bids for Construction Projects to construction trade journals at least thirty (30)
calendar days before the Bid opening date. The notice inviting formal Bids shall be
published at least fourteen (14) calendar days before the Bid opening date in a
newspaper of general circulation in the City. In addition to the newspaper, the notice
inviting formal Bids may be advertised in any manner which will permit the information to
be widely disseminated.
b. When the Awarding Authority deems feasible, Bid Documents may
be transmitted and/or received over the Internet.
c. The Awarding Authority may waive any minor irregularity or
informality in such Bids or may, in its sole discretion, reject all Bids presented.
d. The Contract shall be awarded to the lowest Responsive,
Responsible Bidder.
e. If no Bids are received through the formal procedure, the project
may be performed by City employees, by force account or negotiated Contract without
further complying with this section.
f. The City Council shall award all formal Contracts.
26
27
28 /"
-10-
1
2
3
4
5
12
13
14
15
16
18
19
20
21
Exhibit 1
3.28.090 Execution Of Change Orders And Amendments.
A. No amendment to an Agreement or Contract shall be made without the issuance of a
written change order or amendment, and no payment for any such change or
amendment shall be made unless a written change order or amendment has first been
approved and executed in accordance with this section designating in advance the work
to be done and the amount of additional compensation to be paid.
B. The City Council may by resolution authorize the City Manager to approve change
orders on a project to an amount it determines appropriate for a large, complex project.
6
3.28.100 Cooperative Purchasing.
The Purchasing Officer shall have the authority to join with other public or quasi-public
agencies in cooperative purchasing plans or programs for the purchase of Goods and/or
9 Services by Contract, arrangement or Agreement as allowed by law and as determined
by the Purchasing Officer to be in the City's best interest. The Purchasing Officer may
10 buy directly from a vendor at a price established by another public agency when the
other agency has made their purchase in a competitive manner.
11
3.28.110 Exemptions.
A. The following Procurements, Contracts or transactions are exempted, as determined
by the Awarding Authority, from the provisions of Chapter 3.28:
1. Emergency Procurements for Construction, Goods or Services;
2. Goods, Services and/or Professional Services that can be reasonably
obtained from only a single source;
3. Items required matching or being compatible with other Goods, furnishings,
materials or equipment previously purchased by the City;
4. Goods, furnishings, types of materials or equipment that have been
17 standardized for the City by the City Manager or by the City Council;
5. Utility Services and related charges;
6. Goods, Services and/or Professional Services obtained from or through
Agreement with any governmental, public or quasi-public agency;
7. Real property leases or purchases and related title and escrow fees;
8. Insurance and bonds;
9. Advertising in magazines, newspapers or other media;
10. Works of art, entertainment or performers;
11. Library collection materials or Services or other books or periodicals;
22 12. Membership dues, conventions, training, travel arrangements including
hotels, car rentals and airfare;
13. Surplus Personal Property owned by another government, public or quasi-
public entity.
14. Situations where solicitations of Bids or proposals for Goods, Services
and/or Professional Services would be, in the discretion of the Awarding Authority,
23
24
25
impractical, unavailing, impossible, or not in the best interests of the City,
26
27 '"
28
-11 -
Exhibit 1
1 3.28.120 Emergencies.
2 In cases of emergency, as determined by the City Council, including, but not limited to,
states of emergency defined in Government Code Section 8558, as may be amended
3 from time to time, when repair or replacements are necessary to permit the continued
conduct of the operation or Services of a public agency or to avoid danger to life or
property, the City Manager may then proceed at once to replace or repair any public
facility or infrastructure and/or Procure the necessary Goods and/or Services adopting
the plans, Specifications, or working details giving notice of Bids to let Contracts.
Emergency work may be completed by day labor under the direction of the City Manager,
or by Contractor, or a combination of the two. The City Manager is delegated the power
to declare a public emergency subject to confirmation by the City Council, by a four-fifths
vote at its next regular meeting following the City Manager declaring a public emergency.
4
5
6
7
9
10
11
12
14
15
16
17
23
24
25
26
27
28
3.28.130 Prevailing Wages
A This section is intended to supersede the provision of the Public Contract Code
and Labor Code requiring payment of prevailing wages, and, except as expressly set
forth in this section, the provisions of the Public Contract Code and the Labor Code
pertaining to prevailing wages shall have no application to Construction Contracts of the
City of Carlsbad or its agencies.
B. Payment of prevailing wages pursuant to Labor Code Section 1770 and
compliance with the prevailing wage requirements of Labor Code Section 1770 et seq.
shall not be required for any public works entered into by the City or any of its agencies
except when required as a condition of any Federal or State grants and on other projects
determined by the City Council to be of statewide concern.
1. For each public project of less than the amount specified in Section 22032
(b) of the California Public Contract Code, the City Manager shall determine whether or
not it is in the City's best interest to require prevailing wages for that project and that
determination shall be included in the notice inviting Bids.
2. For each Construction Project of more than the amount specified in Section
22032 (b) of the California Public Contract Code, the City Council shall determine
-i 9 whether or not it is in the City's best interest to require prevailing wages for the project
and that determination shall be included in the notice inviting bids.
20
3.28.140. Severability
21
If any section, subsection, sentence, clause or phrase of this Chapter is for any
22 reason held invalid or unconstitutional by the decision of any court of competent
jurisdiction, the decision will not affect the validity of the remaining portions of this
Chapter. The City Council declares that it would have passed the ordinance
codified in this Chapter and each section, subsection, sentence, clause or phrase
contained in it irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases are declared invalid or unconstitutional.
-12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit 1
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption
or upon completion of the legal process of becoming chartered, whichever is later, and
the City Clerk shall certify the adoption of this ordinance and cause it to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption or chartered.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 22nd day of July, 2008, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 5th day of August, 2008, by the following vote, to with:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney^ /} /i * «.*.•*•-
ATTEST:
IS, Mayor
."City Clerk U
V11! *V
-13-