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HomeMy WebLinkAbout2002-05-07; City Council; 16744; Adoption of Purchasing Sections of Municipal CodeCITY OF CARLSBAD - AGENDA BILL AB # 16,744 DE~T. HD. TITLE: MTG. 5-7-02 CITY ATTY ADOPTION OF PURCHASING SECTIONS DEPT. PCH OF THE CARLSBAD MUNICIPAL CODE CITY MGR~ I RECOMMENDED ACTION: Introduce Ordinance No. NS-627 , revising the Purchasing Sections of the Carlsbad Municipal Code. I ITEM EXPLANATION: Purchasing plays an important role in meeting the City Council’s Goal of providing top quality service on a daily basis. Our mission is to assist our customers in acquiring the necessary goods and services in a professional, responsive, timely and cost effective manner. In order to meet this challenge, the City‘s Purchasing Ordinance has been routinely revised and brought up to date with accepted purchasing practices. During the past several months, a review has been undertaken of our present ordinance and a study made of other cities that have recently revised their purchasing ordinances. The proposed changes are a result of this study. While there are several sections of the ordinance where revisions are recommended, the ordinance will continue to maintain the core values of purchasing, including the bidding process, open and fair competition and the City will move their purchasing policies into the 21‘ Century. accountability. By streamlining the process and maintaining the core values of purchasing, The following is an explanation of the present procedures and the proposed changes: BID AWARD amount greater than $5,000 are awarded to the lowest responsible bidder who submits a Under the present ordinance, all contracts for supplies, services and equipment in an responsive bid. The proposed bid award criteria is based on ”Best Value.” “Best Value” means that it is the best value to the City based on all factors, including cost, the contractor‘s abilities and skills, as well as his performance on previous contracts. This proposed change does not apply to Public Works Contracts, only to contracts for supplies, services and equipment. AUTHORITY TO AWARD AND DELEGATE Presently, the city manager has the authority to award contracts for capital outlay items that have been approved during the budgeting process in an amount up to one hundred thousand dollars. Also, the city manager may authorize the transfer of funds between departments within the same fund in an amount of one hundred thousand dollars per transfer. The recommended change will extend the city manager‘s authority to award all contracts in an amount up to one hundred thousand dollars. With this change will be a monthly report to the city council of all contracts that have been awarded administratively, including formal bids, professional service agreements and public works contracts. The present ordinance does not address the city manager‘s authority to delegate the awarding of contracts for goods and services. The recommended ordinance will formalize this authority and give the city manager an option to delegate his authority by Memorandum or Administrative Order from time to time. I Page 2 of AB #16,744 ALTERNATIVE METHODS~OF PROCUREMENT From time to time new methods of procurement become available to public agencies. These may not be covered in the Purchasing Ordinance and it is recommended that the city manager have the authority to approve an alternate method of procurement on a trial basis. the City Council for including the new method of procurement in our purchasing procedures. If it is successful and in the best interest of the City, a recommendation would be made to E-PROCUREMENT The present ordinance does not include the use of electronic technology for the acquisition of supplies, services, equipment or construction. It is recommended that responses to the City’s invitation to bid include the transmission by facsimile, by mail, electronically over the City will expand their methods for procurement and bring the ordinance up-to-date with Internet or by any other means of delivery. With the addition of electronic technology, the accepted purchasing practices. FISCAL IMPACT The changes in the Purchasing Ordinance will not create any discernible fiscal impact. It is a wider vendor/contractor data base will be available making the bidding process more not known if there will be any cost savings: however, with the use of electronic procurement, competitive and conducive to lower pricing. EXHIBITS: 1. Ordinance No. NS-627 ' I 1 C t I E E 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-627 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING IN ITS CARLSBAD MUNICIPAL CODE TO REFLECT REVISED ENTIRETY, CHAPTER 3.28 OF TITLE 3 OF THE CITY PURCHASING PROCEDURES. The City Council of the City of Carlsbad, California, does ordain as follows: CHAPTER 3.28 PURCHASING 3.28.010 Title. 3.28.020 Purpose. 3.28.030 Definitions. 3.28.040 Procurement and Disposition Responsibilities. 3.28.050 Methods Of Procurement. 3.28.060 Competitive Negotiations. 3.28.070 Professional Services. 3.28.080 Execution Of Change Orders and Amendments. 3.28.090 Cooperative Purchasing. 3.28.100 Exemptions. 3.28.1 10 Construction Projects. 3.28.120 Execution Of Change Orders. 3.28.130 Emergencies. 1 , 1 t f 1 I E 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 I 3.28.010 Title. ? A. This chapter shall be known and may be cited and referred to 3 I as the “Purchasing Ordinance of the City of Carlsbad.” 3.28.020 Pumose. j 1 A. The purposes of this chapter are to define the centralized system I the fair and equitable treatment of all persons involved in the purchasing I of the City for the purchase of supplies, services and equipment, to provide for process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and integrity of the purchasing system. I II 3.28.030 Definitions. A. For the purposes of this chapter, the following definitions apply: , 1. Best Value. “Best value” means the best value to the City based on all factors, including, but not limited to, 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; Ordinance No. NS-627 -2 - 1 2 i 1 f f i E E IC 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 e. The quality of a contractor's performance on previous purchases with the City; and f. The ability of a contractor to provide future maintenance, repairs, parts and services for the use of the supplies purchased. 2. Bid, Contract or Proposal Documents. The documents, including their attachments and addenda, which set forth instructions to bidders or proposers and which are disseminated for the purpose of soliciting bids or proposals. 3. Competitive Biddinq Exception. Goods, services or equipment that can be obtained from only a single source. Items that are required to match or be compatible with other furnishings, materials or equipment presently on hand. When a particular type or make of commodity, furnishings, type of material or equipment has been standardized for the City by the city manager or the ctty council. 4. Capital Outlay Item. Equipment (fixed assets) with a monetary value established by the Finance Director. 5. Construction Proiects. Construction, reconstruction, alteration, renovation, demolition, erection, improvement, painting or repainting and repair work involving any publicly-owned, leased or operated facility. 6. Contract. Agreements, regardless of what they may be labeled, between the City and one or more other parties for the purchase or disposition of goods and/or services or construction. 7. Contractor. Any party (business) who has entered into a contract with the City for the provision or disposition of goods and/or services. -3 - Ordinance No. NS-627 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 8. End User. The City of Carlsbad or any City department/division requesting goods and/or services. 9. E-Procurement. The use of electronic technology for the acquisition or disposition of supplies, services, equipment or construction. 10. Goods. Articles that are moveable at the time of sale, including but not limited to equipment, supplies and/or materials. 11. Gratuitv. A gift, payment, loan, advance, deposit of money, or service, presented or promised in return for or in anticipation of favorable consideration in the procurement process. 12. Maintenance Services. Services intended to preserve and/or restore a public facility to a clean, safe, efficient and/or continually usable condition. Maintenance may include, but is not limited to: carpentry. electrical, minor repainting, plumbing, glazing and other craflwork to preserve a facility in the condition for which it was intended; cleaning and other operations on machinery and other equipment attached to a facility as fixtures; the mowing, pruning and trimming of lawns, grass, trees, shrubs, bushes and hedges; servicing of inigation and sprinkler systems; and the regular removal or relocation of by-products or waste products accumulated at Cw facilities. 13. Procurement. The acquisition of supplies, services, equipment or construction by the City, including but not limited to purchasing, renting or leasing, and all functions and procedures pertaining to such acquisitions. 14. Professional Services. Services which involve the exercise of professional discretion and independent judgment based on " 4 - Ordinance No. NS-627 1 i 3 4 5 6 7 a 9 10 11 ~t2 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 advanced or specialized knowledge, expertise or training gained by formal study or experience. Such services include, but are not limited to, those provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians andlor other specialized consultants. 15. Purchasinq Officer. The purchasing officer is the person responsible for the procurement of goods and/or services in accordance with the provisions of this chapter. The person designated 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. 16. Qualified Products. An approved list of supplies, services, or wjnstiiction items described by model or catalog numbers which, prior to competitive solicitation, the Ci has determined will meet the specification requirements. ~~ ~~ ~~~ ~ .~.. .~ .~ 17. Reswnsible Bidder. A bidder determined by the awarding authority: a. To have the ability, capacity, experience and skill to provide the goods and/or services in accordance with bid specifications, and if applicable: b. To have the ability to provide the goods and/or services 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 andlor services, and if applicable: " 5 " Ordinance No. NS-627 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 d. To be able to provide future maintenance, repair, parts and service for the use of the goods purchased, and if applicable: 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 contract. 18. Reswnsive Bidder. A bidder determined by the City to have submitted a bid or proposal which conforms in all material respects to the requirements of the bid, contract, or proposal documents. 19. Services. Work performed, or labor, time and effort expended, by an independent contractor. 20. Specifications. A description of the physical and/or functional characteristics or of the nature of the required goods and/or services. 21. Subcontractors. A contractor undertaking part of the work of a contract under the control of the principal contractor. 22. Sumlus Personal Propem. Goods owned by the City which are no longer needed or which are obsolete or unserviceable, or property that is a by-product (scrap metal, used tires and oil etc.). 23. Uniform Public Construction Cost Accountinq Act {UPCCAA). (California Public Contract Code Section 22000 et seq.) Section 22030 of the UPCCAA provides an alternative method for bidding public works projects by public entities which the City has adopted. -6 - Ordinance No. NS-627 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 3.28.040 Procurement and DisDosition Responsibilities. A. End User. The end user shall: 1. Identify its procurement needs and the availability of funding; and 2. Submit to the purchasing officer specifications for the required goods and/or services; and 3. Participate in the evaluation of bids and proposals; and 4. Inspect goods delivered and services performed to determine conformity with the requirements set forth in the'bid or proposal documents and with contractual obligations, and authorize payments for conforming goods and/or services. €3. Purchasina Officer. The purchasing officer shall be responsible for the procurement of goods and/or services for the City in accordance with the provisions of this chapter. No procurement of goods and/or services shall be made contrary to the provisions of this chapter. Any agreement or contract for the purchase of supplies, services and equipment 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 and/or services in cooperation with the end users and for the disposal of surplus personal property; 2. Procure or supervise the procurement of all goods and/or services needed in coordination with end users; " f I 1 2 2 4 c E 7 e 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Process the contracts awarded administratively and/or by ! city council; I I 4. Whenever possible, establish standardized specifications and consolidation of requirements for goods and/or services required by two or more end users; 1 i 5. Sell or otherwise dispose of surplus personal property, I and lost and unclaimed property held by the City's police department. C. Citv Manaqer. The city manager shall be the awarding authority I for: 1. All procurement of goods and/or services for which the cost to the City is one hundred thousand dollars ($100,000) or less; 1 2. All capital outlay items approved by the city council during the budgeting process in an amount of one hundred thousand dollars ($100,000) or less; 3. All contracts for professional services of one hundred thousand ($100,000) or less; 4. All public project contracts less than the formal bidding I/ threshold established by the UPCCAA; 5. All change orders, amendments or extensions to existing agreements within the authority granted in Section 1) and 2) above; 6. All public works change orders up to the dollar amount 11 equal to the contingency amount set when the underlying contract was /I Ordinance No. NS-627 -8 - 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 20 7. All change orders or amendments to contracts awarded by the city council in an amount up to twenty-five percent of the original contract amount, including the total of all amendments, up to a limit of one hundred thousand dollars ($100,000). a. 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. b. The city manager shall have the authority to delegate the awarding of contracts, amendments and change orders for goods and services as set forth in this chapter by Memorandum or by Administrative Order. D. City Council. The city council shall be the awarding authority for: 1. All procurement of goods and/or services costing more than $100,000; 2. All public works contracts at or above the formal bidding threshold established by the UPCCAA; 3. All change orders or amendments as set forth in this chapter; 4. All contracts using Competitive Negotiations or Requests for Proposals for Professional Services greater than one hundred thousand dollars ($100,000). 1 2 2 4 C E 7 e 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.28.050 Methods Of Procurement. A. Small Procurements: 1. Procurements of supplies, services and equipment, the cost of which are five thousand dollars ($5,000) or less in any one transaction, shall be made using simplified and cost effective operational procedures and forms approved by the city manager, without the use of formal or informal bids. Procurement requirements shall not be unnecessarily divided so as to constitute several small procurements under this subsection. B. Informal Biddinq for Sumlies. Services and EauiDment: 1. The purchasing officer may purchase supplies, services and equipment using the informal bidding procedures established in this section. Informal bidding procedure may be utilized: a. When the anticipated cost of the supplies, services and equipment to be purchased is less than the dollar amount established for formal bidding in Section 3.28.050(C) (1) herein; or b. When no bids are received pursuant to the formal bid procedures established for supplies, services and equipment; or c. When all bids received substantially exceed the City's estimated costs. d. Further, the city council may designate types or classes of supplies, services and equipment 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 Ordinance No. NS-627 " 10 " 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 whenever the city council finds that use of the informal bidding procedure is advantageous to the City consistent with applicable law. e. The informal bidding procedure shall be as follows: 1. The Purchasing Officer shall solicit bids by written or oral request. Responses shall be in writing, and may be transmittable to the purchasing officer by facsimile, by mail, electronically over the Internet, or by any other means of delivery. When possible, a minimum of three bidders should be solicited and the award shall be based on best value and shall be awarded by the city manager. C. Formal Biddina for SuDDlies. Services and EauiDment: 1. The purchasing officer may purchase supplies, services and equipment using the formal bidding procedures established in this section. Formal bidding procedures may be utilized when the anticipated cost of the supplies, services and equipment 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 twenty- five thousand dollars ($25,000) beginning in 1997. Adjustment to the bid limit will be made in five thousand dollar increments 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. " 11 - Ordinance No. NS-627 13. 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 D. The formal bidding procedures shall be as follows: 1. The purchasing officer 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: a. b. goods or equipment; C. d. e. f. 9. h. be publicly opened. instruction to bidders; specifications describing the required supplies, bid forms and schedules; any required bond forms; general provisions; the time on or before which bids will be received; where and with whom bids shall be filed; the date, time and place where and when bids will 2. At the bidders request and/or when the City deems feasible, bid documents may be transmitted and/or reviewed over the Internet. The sealed formal bids shall be received by the purchasing officer at a time, date and place designated in the bid documents. Formal bids, timely received, will be publicly opened by the purchasing officer and the aggregate bid pricing shall be read aloud. 3. Any person with whom the City has contracted to prepare or assist in the preparation of bid or proposal documents is ineligible to Ordinance No. NS-627 - 12 - 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 submit a bid or proposal for the provision of the goods or the performance of the services so specified in the notice inviting bids or proposals. 4. Formal bids received afler 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 shall submit written notification to the bidder whose bid was received afler the deadline stating what the deadline was, when the bid was actually received and that the bid is being returned because it was received afler the deadline. 5. 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 informal bidding procedures or the City may cease the procurement. 6. 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 readvertising for bids, the city council may in its discretion accept the bid it chooses. 7. In considering formal bids for supplies, services and equipment, 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. 8. All bids shall be deemed rejected if no city council action is taken on the bids or proposals within ninety (90) days after the bids have " 13 " ll Ordinance No. NS-627 1 2 1 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 been received and opened, unless bidders agree to extend a bid’s effective date upon request by the City. 9. 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 bond shall be described in the notice inviting bids. 10. All contracts for supplies, services and equipment shall be awarded based on the best value for the City. 11. Each month the city manager shall send to the city council a report of all contracts that have been awarded administratively. 3.28.060 Competitive Neqotiations: A. The purchasing officer may authorize the solicitation of professional services other than those listed in Section 3.28.070, and the purchase of highly technical supplies or equipment by competitive negotiations when: 1. The cost of the supplies, services or equipment is greater than five thousand dollars ($5,000); and 2. The supplies or equipment are such that suitable technical or performance specifications are not readily available; or 3. The City is not able to develop descriptive specifications; or - 14 -- Ordinance No. NS-627 16. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 4. Requesting proposals for the particular service or purchase would be more advantageous to the City. a. 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. The city manager shall award contracts for goods, services or equipment less than one hundred thousand dollars ($100,000). Each month the city manager shall send to the city council a report of all competitively negotiated contracts that have been awarded administratively. 3.28.070 Professional Services: A. Request for proposals shall be used when the services of professionals are needed. The selection of specialized professional services, including but not limited to architectural, landscape architectural, engineering, environmental, land surveying or construction project management firms is based on the professional qualifications necessary for the satisfactory performance of the service required, on demonstrated competence, and on a fair and reasonable price consistent with Government Code section 4526. Whenever possible at least three proposals shall be received for the professional service needed. The purchasing officer may waive the requirements for solicitation of multiple proposals if only one individual or firm Ordinance No. NS-627 - 15 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 can provide the professional services. Each month the city manager shall send to the city council a report of all Professional Service Contracts that have been awarded administratively. B. The City’s professional services 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). 3.28.080 Execution Of Change Orders And Amendments: A. No change in an agreement or contract shall be made without the issuance of a written change order or amendment, and no payment for any such change 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. 3.28.090 Cooperative Purchasing: A. 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 supplies, services andlor equipment 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 Ordinance No. NS-627 __ 16 __ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 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. 3.28.100 Exemptions: A. The following procurements, contracts or transactions are exempted from the provisions of Chapter 3.28: 1. Emergency procurements for construction, equipment or repairs; 2. Sole source goods or services; 3. Items required to match or be compatible with other furnishings, materials or equipment previously purchased by the City; 4. Commodities, furnishings, types of materials or equipment that have been standardized for the City by the city manager or by the city council; 5. Utility services and related charges; 6. Goods or 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; IO. Works of art, entertainment or performers; 11. Library collection materials or services or other books or periodicals; II Ordinance No. NS-627 - 17 -- /9f 1 , 1 I f I € E 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 3.28.110 Construction Projects. A. Contracts for public projects in the City shall be governed by applicable state laws 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 public 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., except as otherwise provided by the city council or the city manager if the contract is within hidher authority. 1. Public projects of twenty-five thousand dollars ($25,000) or less may be performed by City employees by force account, by negotiated contract or by purchase order. 2. Public 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. II Ordinance No. NS-627 - 18 -- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Public projects of more than the amount specified in Section 22032 (c) of the California Public Contract Code shall be let by formal bidding procedure. 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. 5. The city council shall adopt plans and specifications for all public projects to be formally bid. 6. The informal bidding for construction projects procedures shall include the following: a. The purchasing officer 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 shall mail notice inviting informal bids to all contractors on the list of qualified contractors and construction trade journals not less than ten (IO) 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. d. When the City deems feasible, bid documents may be transmitted andlor received over the Internet. - 19 " Ordinance NO. NS-627 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 e. The City 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 responsible bidder. If no bids are received though the informal procedure, the project may be performed by City employees, by force account or negotiated contract without further complying with this section. f. The city manager shall award all informal contracts. B. The formal bidding procedures for construction projects shall include the following: 1. The purchasing officer shall mail notice inviting formal bids for public 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. 2. When the City deems feasible, bid documents may be transmitted and/or received over the Internet. 3. The City may waive any minor irregularity or informality in such bids or may, in its sole discretion, reject all bids presented. 4. The contract shall be awarded to the lowest responsible bidder. The city council shall award all formal contracts. Ordinance No. NS-627 " 20 - 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 5. 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. 3.28.120 Execution Of Chanqe Orders: A. 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. 3.28.130 Emerqencies: A. 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 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 and/or procure the necessary equipment, services and supplies, without adopting the plans, specifications, or working details or 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. Ordinance No. NS-627 - 21 - 23 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of ,2002, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2002, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Ij Ordinance No. NS-627 - 22 "