HomeMy WebLinkAbout1996-03-19; City Council; 13558; ADOPTION OF ORDINANCE NO. NS-351-REVISING PURCHASING PROCEDUREScI)Y OF CARLSBAD - AGWA BILL $: 'T
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CITY r DEPT.
CITY I REVISING PURCHASING PROCEDURES MTG. 3/19/96
DEPT. =ADOPTION OF ORDINANCE NO. NS-351 -
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1 RECOMMENDED ACTION:
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Adopt Ordinance No. NS-351, amending Title 3 of the Carlsbad Municipal Code to revise the purchasing procedures,
ITEM EXPLANATION
Ordinance No. NS-351 was introduced at the regular City Council meeting of March 12, 1996. The second reading allows Council tc
adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,549 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-351,
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ORDINANCE NO. NS-351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 01
CARLSBAD, CALIFORNIA, AMENDING TITLE 3, C,HAPTER 3.2
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMEN'
OF SECTIONS 3.28.060, 3.28.070, 3.28.080, 3.28.110, 3.28.12(
3,28,130, 328,140, 328.150, 3,28.172, 3.28.180, AND 3.28.19(
TO REVISE THE PURCHASING PROCEDURES.
The City Council of the City of Carlsbad, California, does ordain as fo
SECTION 1: That Title 3, Chapter 3.28 of the Carlsbad Municipal
amended by the amendment of Sections 3.28.060, 3.28.070, 3.28.080, 2
3.28.120, 3.28.130, 3.28.140, 3.28.150, 3.28.172, 3.28.180, and 3.28.190 tc
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 require
using department in accordance with purchasing procedures prescribec
chapter, such administrative regulations as the purchasing officer shall ado
internal management and operation of the purchasing department and such ot
and regulations as shall be prescribed by the city manger;
3.28.070 Reauisitions.
Using departments shall submit requests for supplies, services and equipml
purchasing officer by standard requisition forms, or by other means as
established by the purchasing rules and regulations.
3.28.080 Public Proiects.
Contracts for public projects in the city shall be governed by applicable I
including the California Public Contract Code, Division 2, Part 1, Chapters
and 9, Section 1 100 et seq, and Division 2, Part 3, Chapters I and 2 of
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Agency Public Construction Act, Sections 20100 et seq., which includes the a1
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by the city of the alternative provisions of the Uniform Public Constructic
4 Accounting Act for use in the city. Contracts for public projects also shall be gc
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the latest supplement thereto, except as otherwise provided by the city counc 6
by the current edition of the Standard SDecifications for Public Works Construct
7 11 city manger if the contract is within his authority.
8 3.28.1 10 Encumbrance of Funds.
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lo // Except in cases of emergency or in cases where specific authority has bc
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tion in the department budget against which such purchase is to be charged l3
for supplies, services and equipment unless there exists an unencumbered aF 12
obtained from the city council, the purchasing officer shall not issue any purcha:
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3.28.120 Formal Biddina Procedure.
(4) When deemed necessary by the purchasing officer, bidder's sect
II be prescribed in the public notices inviting bids. Bidders shall be entitled to l?
18 bid security; provided, however, that a successful bidder may forfeit his bid
19 1 award of contract has been mailed, unless the city is solely responsible for 1 2o
upon his refusal or failure to execute the contract within twenty days after the
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21 // in executing the contract. The city council or its designee may, on refusal or
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the successful bidder to execute the contract, award it to the next lowest res 23
24 bidder. If the city council or its designee awards the contract to the next lowe
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price differential between the lowest bid and the second lowest bid, and tht 26
the amount of the lowest bidder's security may be applied by the city to thc
27 /I if any, may be returned to the lowest bidder. If the city council reject:
28 presented, due to the failure of the successful bidder to execute the con
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readvertises, the amount of the lowest bidder's security may be used to offset t
of receiving new bids and the surplus, if any, may be returned to the lowest b
(6) All bids or proposals shall be deemed rejected if no city council 2
taken on the bids or proposals within ninety days after the bids or proposals ha\
received and opened regardless of whether the matter has been formally subr
the city council for consideration.
(8) The city shall have authority to require a performance bond before I
a contract in such amount as it finds reasonably necessary to protect the best i
of the city. If the city requires a performance bond, the form and amount of t~
shall be described in the notice inviting bids or proposals.
3.28.130 ODen Market Procedure.
(b) (4) If feasible, purchases shall be based upon at least three writ
and shall be awarded to the lowest responsible bidder who submits a respon
3.28.140 ComDetitive Neclotiations.
The purchasing officer may authorize the solicitation of professional services r
in Section 3.28.150 and the purchase of highly technical supplies or equiF
competitive negotiations when:
(1) The professional services required are not defined by
3.28,150
(2) The supplies or equipment are such that suitable tect
performance specifications are not readily available; or
(3) The city is not able to develop descriptive specifications;
(4) Requesting proposals for the particular service or purcha
be more advantageous to the city.
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The award is made to the responsible offeror whose proposal is detern
be most advantageous to the City taking into consideration price and the ev;
criteria set forth in the request for proposal. The use of competitive negotiatior
intended to be used for the purpose of avoiding the bidding procedures as sei
this chapter.
3.28.150 Professional Services.
Request for proposals shall be used when the services of professionals are I
The selection of specialized professional services, including private archi
landscape architectural, engineering, environmental, land surveying or con
project management firms is based on demonstrated competence and
professional qualifications necessary for the satisfactory performance of the
required and on a fair and reasonable price. Whenever possible at le:
proposals shall be received for the professional service needed. The pu
officer may waive the requirements for solicitation of multiple proposals if 1
individual or firm can provide the professional service. The selection procc
professional services not listed above shall be Section 3.28.140 COI
Negotiations. The selection procedure for limited technical or maintenance
shall be Section 3.28.120 Formal Bidding Procedure or Section 3.28.1 30 Ope
Procedure.
3.28.172 Award and Execution of Change Orders and Amendments.
(a) No change in an agreement or a contract shall be made wi
issuance of a written change order or amendment and no payment for any SUC
shall be made unless a written change order or amendment has first been
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and executed in accordance with this section designating in advance the wo
done and the amount of additional compensation to be paid.
(b) Provided that the funding for an agreement or a contract ha
previously approved and the expenditure of such funds authorized by the city
the city manager shall have authority to award and execute change or
amendments for any such contract or agreements as follows:
(1) All changes to an amendment or a contract within the E
granted to the city manager by Section 3.28.170, provided the amount of the
as revised is within the limits of that authority.
(2) Change orders to contracts or amendments to agreemen'
value from twenty-five thousand dollars to seventy-five thousand dollars
approved in an amount not to exceed twenty-five percent of the original pricf
limit of ten thousand dollars per change order or amendment. The cumulative
of all change orders approved by the city manager for any project shall no!
twenty-five thousand dollars.
(3) Change orders to contracts or amendments to agreemen
value of seventy-five thousand dollars or more may be approved in an arnol'
exceed ten percent of the original price up to a limit of twenty-five thousand dc
change order or amendment. The cumulative amount of any change c
amendments approved by the city manager for any individual project shall nc
the lesser of seventy-five thousand dollars, or twenty-five percent of the origir
After reviewing a large complex project, the city council may by resolution autt
city manager to approve change orders or amendments in excess of the CL
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 caundl.
3.28.1 80 Exemptions from centralized purchasing.
The purchasing officer, with the approval of the city manager, may authorize ir
any departmen to purchase specified supplies, services and equipment of es
amounts of less than five thousand dollars independently of the pur'
department. Such purchases shall be made in conformity with the pro(
established by this chapter, and shall further require periodic reports fl
department on the purchases made under such written authorization.
3.28.190 Supplies, Services and Equipment not Governed bv this Ch:
Supplies, services and equipment not subject to the provisions of this chaptc
follows:
(1) Utility services and related charges;
(2) Work or services performed by another public or quasi-public
(3) Real property purchases and related title and escrow fees;
(4) Real property leases;
(5) Credit card purchases of gasoline, oil or emergency automotivc
(6) Transportation and freight charges when not specifically indil
a purchase order;
(7) Insurance and bond premiums;
(8) Advertising;
(9) Works of art, entertainment or performers;
(1 0) Books, periodicals;
(1 1) Membership dues, conventions, training, travel arrangements
hotels, car rentals and airfare;
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(I 2) Emergency construction, equipment or vehicle repair.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the city clerk shall certify to the adoption of this ordinance an(
to be published at least once in a newspaper of generaf circulation within fiftc
after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carl!
Council on the 12th day of MARCH , 1996, and there;
PASSED AND ADOPTED at a regular meeting of the City Council of tt
Carlsbad on the 19th day of MARCH , 1996, by the
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)