HomeMy WebLinkAbout2019-12-19; Procurement of Budgeted Capital Outlay Vehicles over $100K; Gomez, PazTo the members of the:
CITY COUNCIL
Date l3-/f&l /t~A ~CC L
CM L COO ~ DCM (3) £_
Dec. 19,2019
Council Memorandum
To:
From:
Via:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Publi,t_Wo)ks
Elaine Lukey, Chief Operations Officer ~
Re: Procurement of Budgeted Capital Outlay Vehicles over $100,000
{city of
Carlsbad
Memo ID# 2019147
This memorandum outlines upcoming operational changes to the vehicle procurement process
of capital outlay items over $100,000 that have been approved as part of the budgeting process.
Background
In an effort to streamline the procurement process for vehicles over $100,000, Public Works staff
plans to modify the current practice of requesting City Council authorization to procure vehicles
previously budgeted as capital outlay items.
Discussion
Carlsbad Municipal Code (CMC) Section 3.28.040(D) states the City Council shall be the awarding
authority for "Any procurement of goods, services and/or professional services costing more
than $100,000.00 per agreement year." Currently, for acquisition of vehicles that exceed
$100,000, staff presents the item twice to City Council for approval. The first approval occurs
during the budgeting process, and the second approval is obtained via separate City Council
action when staff is ready to award the purchase.
On July 15, 2008, City Council introduced Ordinance No. CS-002, which was adopted on Aug. 5,
2008, repealing and replacing Carlsbad Municipal Code Chapter 3.28 (Purchasing) (Attachment A
is the Agenda Bill for the item). In addition to the CMC Section previously discussed, Ordinance
No. CS-002 included CMC Section 3.28.050(D), which states the City Council shall be the awarding
authority for "procurement of good for which the cost to the city is more than $100,000.00 per
agreement year and have not been previously approved as capital outlay items in the budget
process." (Italics added.) The provision allows the city nianager to be the awarding authority for
all capital outlay items previously approved by the City Council during the budgeting process, up
to the amount budgeted.
The intended purpose of the revised ordinance was to update purchasing systems and structures
to ensure that they supported the city's mission of providing top-quality service, while making
certain that the city is receiving the best value on all of its purchases of goods and services. The
objective was to simplify the purchasing process, reduce paperwork and allow for more flexibility
while maintaining the process of integrity and financial controls.
Public Works Branch
General Services Department
405 Oak Ave. I Carlsbad, CA 92008 I 760-434-2980 t
Honorable Mayor Hall and Members of the City Council
Dec. 19,2019
Page 2
Consistent with this purpose and CMC Sections 3.28.040(D) and 3.28.0S0(D), future acquisition of
vehicles exceeding $100,000 will only be presented to the City Council or the.Carlsbad Municipal
Water District (CMWD) Board once, either as part of the budgeting process or as a separate City
Council or CMWD Board item. If, however, the cost of a capital item that was previously
approved during the budgeting process exceeds the budgeted amount, the item will return to
the City Council or CMWD Board for funding appropriation and procurement approval. As an
example, on Dec. 17, 2019, staff presented a staff report to the City Council and CMWD Board
requesting authorization to purchase a hydro-excavator. This piece of equipment was budgeted
as part of the fiscal year (FY) 2019-20 budgeting process; however, the final cost quote exceeded
the budgeted amount and required City Council and CMWD Board approval of additional
appropriation.
Attachment B is the list of vehicles approved to be purchased or replaced as part of the FY 2019-
20 budget, approved by Resolution No. 2019-092.
Next Steps
The city manager will approve procurement of budgeted capital outlay vehicles up to the
budgeted .amount once the vehicles have been approved by the City Council or CMWD Board
through the budgeting process.
Attachments: A. Agenda Bill 19,515
-B. Planned Capital Outlay Items included in the FY 2019-20 budget
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Paz Gomez, Deputy City Manager, Public Works
Laura Rocha, Deputy City Manager, Administrative Services
Cindie McMahon, Assistant City Attorney
Amanda Guy, Deputy City Attorney
Vicki Quiram, Utilities Director
Kevin Branca, Finance Director
Cheryl Gerhardt, Finance Manager
John Maashoff, Public Works Manager
Attachment A
AB#
MTG.
DEPT.
CITY OF CARLSBAD -AGENDA BILL
19,515
07/15/08
FINANCE
AMENDING CARLSBAD MUNICIPAL
CODE CHAPTER 3.28 -PURCHASING
RECOMMENDED ACTION:
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Introduce Ordinance No. cs-002 repealing, in its entirety, the current Carlsbad
Municipal Code Chapter 3.28 (Purchasing), adopting the new Carlsbad Municipal Code 3.28
(Purchasing).
ITEM EXPLANATION:
A citywide team was established to review the City's purchasing systems and structures · to
ensure that they supported the City's mission of providing top-quality service, while making
certain that the City is receiving the best value on all of its purchases of goods and services.
The goals of the team were to simplify the purchasing process, reduce paperwork, and allow for
more flexibility, while maintaining the process integrity and financial controls. The last time . .
revisions were made to the Purchasing Ordinance was May 2002.
The team had the following recommendations:
1. The Finance . Department should remain as the oversight for purchasing functions.
· Finance should be responsible for ordinance updates and changes, with the assistance
of the City Attorney, and the writing and updating of the purchasing manual. Finance
should also be the process owner for the overall purchasing system, including the
automated purchasing systems. Finance should, from time to time, audit purchasing
transactions completed by other departments for compliance with the City's ordinances
and guidelines set forth in the purchasing manual.
2. The formal bid · process requirement should remain for purchases of supplies, equipment
and non-construction project services that are greater than $30,000, with annual
adjustments for inflation.
3. The bid process for construction project contracts should continue to follow the Uniform
Public Construction Cost Accounting Act for California (UPCCAA). The current formal bid •
requirement for construction contracts is $125,000, per the UPCCAA.
DEPARTMENT CONTACT: Colette Wengenroth 760-602-2430 cweng ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY. ¥. { r, ,, 11 on COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC J-c:,i..oc· n
. DENIED CONTINUED TO DATE UNKNOWN
CONTINUED □ RETURNED TO STAFF k
WITHDRAWN □ OTHER -SEE MINUTES
AMENDED A~ Amended
Page2
4. The definition of small procurements of supplies, services, and equipment should move
from $5,000 to $30,000. This would allow direct procurements up to $30,000 in
aggregate, without obtaining informal or formal quotes. However, the recommended best
management practice would be to get three informal quotes for all items.
This change would increase the efficiency of the procurement process, by reducing the
lead time in ordering and receiving products, as well as shorten the time for soliciting
services for small contracts.
During the team's review of the current process, staff found that in Fiscal Year 2005-
2006, 90% of purchase orders issued for non-construction projects were for purcha·ses
under $30,000. The total dollar amount represented only 22% of the City's · total
purchases. This change would simplify the purchasing process for a large number of the
City's orders, while impacting a much lower percentage of the actual dollars expended.
Distribution of Non-Construction Project Purchase Orders
Fiscal Year 2005-2006
Total $20,710,309 Total#1,062
D>$100K
□$30K-100K
■<$30K
5. The City Manager should remain the awarding authority for all procurements of goods
and non-construction project contracts, per agreement year, of $100,000 or less. The
City Manager should remain the awarding authority for all construction project contracts
less than the formal bidding threshold established by the UPCCAA. The current
UPCCAA formal bidding requirement is $125,000. ·
6. The City Manager should continue to have the authority to approve change orders under
$100,000 for non-construction project contracts per agreement year.
7. The City Manager's authority to award construction project change orders should
increase from $100,000 to the formal bid limit as defined by the UPCCAA. The limit is
· currently $125,000. This would make the City Manager's awarding authority consistent
with his/her authority to award construction contracts.
Page 3
8. The City Manager should be the awarding authority for all capital outlay items approved
by City Council during the budgeting process, regardless of the dollar amount. This
would streamline the procurement process for budgeted capital outlay items over
$100,000. Currently, City Council is approving all capital items that exceed $100,000
twice. The first approval occurs during the budgeting process. The second occurs when
staff is ready to award the purchase and must get City Council's approval again, as the
procurement exceeds $100,000. This change would eliminate the duplicate review of the
purchase.
9. All procurements over the limits noted above should continue to require City Council
approval.
10. Clarify the role of the City Attorney, allowing him/her to be the awarding authority for the
procurement of legal services.
In addition, general law cities must follow the requirement of Labor Code Section 1770 et seq
regarding payment of prevailing wages for public works projects. Now that the voters of the
City of Carlsbad have determined to change the powers and duties of the City by adopting a
City Charter at the election of Tuesday, June 3, 2008, the City can make its own
determination regarding the necessity for paying prevailing wages for public works projects.
The City would still be required to follow state prevailing wage laws for projects which are of
statewide concern or if State or Federal grants are paying for the project.
The proposed amendment to the Carlsbad Municipal Code allows the City Council (or the
City Manager for smaller projects) to make a determination of whether or not it would be in
the City's best interest to require payment of prevailing wages for that particular project.
In summary, the recommendations would result in some changes to our current purchasing
ordinance. Most of the changes are minor in nature, clarifying passages. The major changes
are:
1. Increasing the definition of small procurements from $5,000 to $30,000.
• This change allows staff to make procurements for under $30,000 without
using the formal or informal bid process.
• This change will shorten the lead time for ordering and receiving products.
• This change will shorten the time for soliciting services, allowing for the
service to be completed in a more timely manner.
• This change will streamline the purchasing process for a large number of
orders, while affecting a low dollar percentage of purchases. ·
2. Changing the City Manager's authority to award construction project change orders
from $100,000 to the formal threshold established by the UPCCAA.
• This change would create consistency between the City Manager's
authority to award construction change orders and construction contracts.
3. Allowing the City Manager to award procurement for all budgeted capital outlay
items regardless of the dollar amourit. ·
• This change would eliminate City Council's duplicate review of budgeted
capital outlay items over $100,000.
Page4
4. Allowing for the determination of whether it would be in the City's best interest to
require payment of prevailing wages for a particular public works project.
FISCAL IMPACT:
Adoption of this ordinance would allow the City to receive more competitive bids on certain
public works projects which have a potential cost savings in an undetermined amount.
ENVIRONMENTAL REVIEW:
This action does not constitute a project as · defined under CEQA (California Environmental
Quality Act) pursuant to Public Resources Code Section 21065 in that these amendments
would not cause any direct physical change in the environment.
EXHIBITS:
1. Proposed Ordinance -Strikeout/Underline
2. Ordinance No. cs-002 Repealing Chapter 3.28 of the Carlsbad Municipal Code
Regulating Purchasing, Adopting Chapter 3.28 of the Carlsbad Municipal Code Regulating
Purchasing.
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ORDINANCE NO. CS-892 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING CHAPTER 3.28 OF
THE CARLSBAD MUNICIPAL CODE REGULATING
PURCHASING AND ADOPTING CHAPTER 3.28 OF THE
CARLSBAD MUNICIPAL CODE REGULATING
PURCHASING.
The City Council of the City of Carlsbad, California, does ordain as follows:
Exhibit 1
SECTION 1: That Chapter 3.28 of the Carlsbad Municipal Code is repealed in its
entirety:
Soetions:
3,28,010 Title,
3,28.020 PuFp o&o.
3.28.030 Definitions.
PURCHASING
3.28,040 PFeeuFomont and di&positien Fosponsibilitios.
3,28.050 Mothed& of pFoewFomont.
3,28,0&0 Cempotiti¥o negotiations.
3,28.070 PFefessional sorvieos,
3,28,080 E*oeutioA of ehango oFdOFS and amonEimonts.
3.28.090 CeepoFati'J.•o pun~hasing.
3.28,100 E11:omptions.
3,28.110 ConstFuetion pF&joet&,
3.28.120 Exoeutien of ehaAgo eFdoFS.
3.28,130 EmoFgoneios.
20 * Prior Ordinanso hist0f)': Ords. 1QQS, 1171, 1197, 130e, 124Q, 12S~. 12SS, 1293,
1290, ~JS 2, ~JS 43, ~JS 55, ~JS 139, ~JS 133, ~JS 1GQ, NS 351, ~JS 413, ~JS 496. 21
22 3.28.010 Title,
23 n,is 0t-ia13ter shall ea lmowri arie may eo eited arid referree to as U;ie "P1a1rshasin9
Ordiriarioe ef the City ef Carlsea€1." ~Orel. ~IS 627 ~13art), 2QQ2)
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3,28.020 PuFposo. 25
26 Tt-ie p1a1rposes of this shapter are te eefiAe the ooritralii!!od system ef the sity fer il:le
p1a1rnhas0 ef supplies, seF¥ises arid equi13merit, te prnvi€1e fer the fair arie equitaele
21 treatment ef all porsens invel¥od in the 13urshasin9 presess, te obtaiA the highest
possible val1s10 in om;t-iarige fer publis funes ari€1 to safeguard the ~wality arid integrity of
2a the pui=ehasiAg system. (OFd. ~JS 627 (pai=t), 2002)
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Exhibit 1
3.28.030 Dafinitians.
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. 2:a. IJRifoFm ~1.1elie GoF1stF1.1eti0ri Gast ,o.eeo1.1RtiF1 /\ I\ I\ •
~wehe ~oRtraet ~000 SeetieR 22QQQ et seq.) Seotien ~2Q~~ ,..t:1=1 (Y~GG,"":"f (G~hfeF
alteFnat11a10 mott::10€1 fer 0i€i€fiR er ,.. . 0 8 Y~GGl"'il"'1 pF0¥188S adeptee. (0F€1 . ~,s 627 (paFt)~ /o~;;e woFl~s PF0Joets 0y p1.1elie eRtities whieA tt::ie eity A
Ria
BR
as
3.28.040 P,oeuramant and disposition rasponsibilitias.
-3-1
.... .,. .. -~·----·-~·-··· .. -.~-----·-•·-·. -
Exhibit 1
A. i;;;nd User. The and user shall:
2 !· IgaF1U~, its pFoeuremaRt Roods and the availability of fundini;r
3
;e. "'1.1bm1t to tl;;io pwrehasiRe offieer · ·fi ♦-' saF¥ieas;s spac1 eat10Rs for the raqwired goods aRdlor
4 3. PaFticipata iR the o11al1.1atien of bids and proposals· and
4 • IRspast goods delivered and sen·icos ort: · ' ·
5 tho_ Foqwiramonts sat forth iR the bid ;; permed to d0torm1no ~onformity with
otihsations, and awtl::lorizo payments MF eonf. pre~esal doowmoAts an_d w1tf;;i oontFaotwal
6 9. Pwrehasing Offieor. The p1o1rehasin of:fice~FFFIIRg goods ORS~OF SOF¥160S.
7 geed• aadler se1¥ioee fer I~• oily iA gaeeo..ia::al~-~~ i;:,•~•••:~I• fer 11,e ~-"'"""''"e"I el
procwromaRt ef goolils andJer saFViees shall bee ~~d a pre' '.s10Rs of this_ ~haptar. ~Je1
8 ehaptar. /\Ry agraemaRt er eeRtFaet Mr tho h a eontr~ry te th~ pro•a11s1ons ef this,
ma~e eontrary to the pro•a1isieRo ef this ch:;::r :::1~~ s1o1.~p_hes, s0F¥1eas ~Rd eq1o1ipment;
9 against the eity eased thereoR shall be in"alid Th a '~1d aR~ Ray claim or demaRd
1. Prepare aRd roeemmoRd to tho veit1· ~aRe p1o1rehas1n~ eff1eer shall:
10 for u~e precwremoRt of geods and'er so ,.r . ager op~rat1o~al preeodwres aRd Mrms
tho disposal of surplws personal pr~po..♦.~•eos IA cooperat10R w1U;i U10 ORd wsors and for
11 ~ p · n;, .rocl:lro or s1:1peF¥iso tho proe1;1remont of all go d er . eeerdiRatioR with eRd users,·o s aR var soNioos Reeded iR
12 . ;· ~~heas~.u~o coR~racts awaFdod admiRistrati•a1oly aRd/er by citl· cewReil· '
13 · 1h BRo.er poss1tilo establisl::i staRda d" d · .
1
' roqwiromoRts for goods aRdJ~r soNiees roqwi;;;~z~;., spoei:fieations aRe eeRsolidatieR ef
14 . §. Soll er eU10w,tise dispose ef su I Y :.e er mere ORd l:ISors;
prep~rty held tiy tho city's peliee aopartm=R~.s parseRal prepof:ty, aRd lest aAd URelaimed
15 G. City 1M:~lager. +ho eity maRagor sf;iall tie tf;ie awarding awtheriti· fer-
. hi proeuromoRt ef geeds aRd 1or ser::vie f .. ,h-
1
· 16 hwRdrod tl-leusaRd dollars er less· r • es /4lr v. ieR tho east to tho eity is ORO
17
2. All eapital ewtlay item's appro11ad b . th · . . . proeess iR aR amol:IRt of one hwndrod lho~sand Ydlle e1t) I eowRe1I during tl:lo ti1;1asotin~ a /\ 11 t t f o ars or ess· ·
1a· n eon ~ae s ~r prefossieRal sarviees ef oRo hYndro~ the a I . 4. All pwbhe prQJeets ceAti:asts I tR 1-1 wsaR er ass,
· 19 by the IJPGGN\;ossaR t O MFFFlal biddiRg threoReld estatilisRed
§. /\II ehango erders, amoRdmoRts ff • . .
20 a1o1tRBrity graRto€1 iri owbsestieri (1 > arid '2> :b:~:.RmBns te a~ustmg agroomoRts i;1;1ithiR the
6 /\II bl. 7 ~ 7 .. v .. ,
21
· n Pia! Ie wBrks 0haRge erdors blf> tB the €1 II ame1o1Rt sot wheR tho wRderlyiRo GontFaet ... as .,. dB d~r amouRt eq1o1al te U10 eeritirigoRey
7
/\II h ::::i 1. a1.ar .. e-
22· hi e aRge eFdors or amen€1moRts te oentr t' ,.. d . • .. amel:lnt up te t\•,·oRty fi1a10 poreoRt ef tRo eri i ,:e s a,..ar ed ~Y tho_ e1ty eewF1c1l 1n aR
23 ameridmerits, "'P to a li~it ef Bne 1::11:mdred t~==s==~ ~~~l~~;'eYRt, irislyEi1Rg the tBtal ef all
a. +ho €llty maRagor shall a~pro• • It t
24 apprBpriate, fer USO on OR O*perime;tal;a : ,e a orna O Ji)F06WF9FF18Rt motReds, if
aelditieRs, doletieRs or modificatieRs tB U1e c1·♦.,' sis, ariel roeommemd te tl.:io eity eewReil 25 . <; s prom:1remeF1t metheds
ti .. lho eIty mariagor shall t;ia·•o tl:lo a th ·ti . eentra0ts, amondmemts aRd eRaRgo erdor; f: er1 / te d~logato tl.:io awardirig of
26 eRa~tOF by m~merand1,1m Br tiy aeministrati1,10 ~:a:~e s aRel sarvmos as sot fertt;i iR this
27
Q. City GowRe1I. +Re eity eBl:IRGil shall be tR@ awaFdi~g authBriti. f .
1. All preeuF@moRt of geeel d, .1 or. the1:1sarie elellaras·s aR rBF soNieos eBst1Rg mBro tRaR eno RYAEiFo€1
28 ,
- 4 -
g
2· All pwelis .. ,erl( lly lho YPCC" -" • oonlfaols et • r obo· ·o th , E h'b1·t 1 2 3 .,,, v m8 .8"'101 lli88" X I . All ohango ardors ,ng IR1oshold eslel,lishoB
3 4: All eentFasts . er amondmonts as sot ferU;i . . , p..,fessional iea•ioos us,ng Cempolili¥o Negoliali~ ,n llus ohapl<JF;
e ars. ~Ord. NS @37 'na ~,... rt), 4 ~ ➔ g"3alor !Ron ono hun&"'d lh:::a:; :~~uosls fer Prep•••I• fer
5 , 3.28.050 Methods of ~F ... oeuFamant.
6 A. Small Preewroments. .
tRewsan~ sellars er less . swpphos, s0Pv1iees ans e w· . 1 1-P"'ouremoRI& of .
• olleolivo ope1<1lionol p,a~~:A'f ono l1<1Rsaolion, sRa~ ::,men!, lh• -••Ill of wloioR are f;· •
••o of lo"'1ol '" inle..,al llures ••B "'""" OPP"'""ll .. _m•Bo using siRlplifiaB and .::.,
9
:"'::::..:.~i9:-: oonslilul• •• :;..i.':.•0~r-:,m•At re~~ire1n!R:• .:::ri~=n:g•~ wililoul lh~
10 _ 1. i:i,~ P~~!,:i:upplias, ii•F¥ioos ~==•::.~"!: ••II•• lhi• ...... .:.:_n••
0
•••o™'I
lho ,nleFR1al lliBiliR g ollio•r FRll'f puroho•• •• P ~Rl-11 ,nay l!o ulil6'o&: g p,o..,dures astel!lishod in lhi:pho•t: sePvliees ans 8€!Wipment . a "I . soo ,an. lnle"'1al l!iililin """'9
12 P•••hos•B is i.".'."~:.:• onlioipeteB oosl of lh• •• . • g proo•ll•re
13 3.3S.Q5Q(C)(1) Rarein; "'!he Bellar a,nouAt .e1e .. 1fs=~~•-~•7••• ORB oquip"'•nl lo II• 11. l'!R . r 41FFRol ll188iRg . Iii .
14 ••lol!lish•ll fer.;"~=••• .. ,e. ore r•••ivo8 pursu " in•sl1aR •-iJ:.. ai1"11~:.:c:• o~S •~•ipmonl; or onl lo !ho leFR1al l!iB preooilur&s
s. FwFtt::l . eo1vos swestantiall '
15
hosed oR llasl Wllu• • FR •f lhr&• bidders sho•ld ") &R'f oth•r 1n•ono of II -, . "~
21 C. Co""al liid&" nd •Rall II• O¥#iirdoil .. , IR . b• sohe1l•II and lh• .• ,ohrOfy.
1
l'h ,ng fer Supplies, ioF¥i••• 0 ; c • •lly FR&Rli!JOF. """rd sRall llo
22
1
• · o purehas,ng •Iii n eq•1p,noR1
'
18
fer:mal eidsineer may pwreRase sw · · . 23 '"ll'f lie Ylili;ood .~ P"'•o8ures eolallli•hod i• 11,· pphes, •a,v1oes on& • •i .
!l••al•r !hon !hi.;: ~=n lh• •Rlieipet•8 8081 of 1a: seol10R. co ... al bi&il~gp;~nl ;-
24 rospons• 19 lh• l.,n ~•••nil dollo"'-+Ro Iii& li1nil -••pph••· soF¥iees ao8 o •i "" ""'" :: gf:¥[~~;i:;~;? ~~~r;g;.~~~~;a:,;:;~~~f ~7:~~:~~¥
,nail• •II r x .. ousanil fi"a k 11 ' •• •""•ell• a -•
8
21 ollio:r ◄~IV• et lko beginning of: ;•n1•~il dollars. +~e ~iEI u;;;;t ~FB¥t•uel'f ••I ~ia . sea yoor l,y 1n•momnB 8 Jw•IAle•I will i.e wm ffem tf;;ie liiblF0Rasin!iJ
28
- 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 5
6
7
8
9
20
21
22
23
24
25
26
27
28
... .....
Exhibit 1
2. µFBEHUOmoRt FoqwiFomoRts st:iall R0t ee GivideO 80 as t0 aveio tt:io formal
FoqwiFemeRts. ·
9. +tie roFmal eiooiRg pF0880lslFQS aFe as f0lle11,1~:
. ~ · +Ro pwFel:iasiRg offieoF st:iall isswe r -.,·. . . meuu~os oesigROO t0 pF9!alioe FOaseRaele ;w:r R0•1~~ IR~ 1t1Rg BIOS lslSIRS_ 0RQ 0F m0Fe
ewFFORt inroFmatieR to e? oissomiRateo wisely. ;;i:~
6
0 ~~~i~: ~~a~I ::1:::~ WRU~R will
poi:mit
a. IRStFUOtl0R t0 BiOOOFS' .
e. =~otfieati0Rs ooseFibiRg tt:io Feqwii:oo swpplies, gemils eF eqwipmeRt·
e. 1 ei:ms aRo seheowles· ' 8 A ' . nRY FQ~lsliFOO b0RO forms·
e. GeRoral pre1a1isieRs; '
f. +ho time BR er bof0Fe ,.a.,hiet:i eios ri¥ill be Feeei1100· s 10't:ie o ·tt:i ' , · ' ' re aR "''' whem eios shall eo filoo· .
O R. ~ho &late, Umo aRO plaeo 'ilJRQFO BRO !ilt!R~R eies will 68 weliel ,
2. I it: the blOOOFS FOfallslOSt 8ROl€lF 1/JROR U:10 eiti· 0 f . :el ~ y 0p0R00.
be traRsmittoo aRoJ0F Fo1a1io11i100 e110F tl~e I t .,~ ;:ms ..aas1 o, b1e o0~1s1m0Rts may .
roeoi1a100 hy tt:io p1s1FehasiR effi ' . R ei:Re · 0 soaloe roFmal 010s shall be
o0e1s1m0Rts. J;oi;mal eies tTmo;e:;e::.,:o tu~,~j :ate a~e plaeo eosigRateo iR ti-lo bio
effieeF aRe the aggFogato ,bis prieiRS st:i;II be .. :eaa el p1s1eehely epoRoa ey tl:le ~wFel::iaeing 3 o . a01s1 . . =. • ,Ry peFseR 11i11th i.tJl::lem tl::lo ei~ l;ias . e0RtFaetoo t . . pr-opaFatieR ef ei€1 er pF0p0sal €1001:1m0Rts Jis iR;I' "'~b~_.,~.,, ....... b .e. pro~aro BF assist IR tl;ie
pFe1a1isi0R ef tho g00€1s BF tho pelfermaR0e ef 'tt o e .~w m1t a e1€1 ~F prepesal feF tl;io
im.1itiRg ei€1s er prepesals. · 8 soF\oiGos s0 spo01fioo iR the Retise
4. J;0Fmal hies r:eeoi1a1ee after tho ooaeliRO ffif F060ipt ef b'o R II by tho eity aA€1 shall be Fet1::1FA0€1 t0 the bie€1eF 1::1 .,.,,., ., ... ; ... , .... , ........ 1 .. s s ... _a .. ~et be a0eopto€1
i~oAtifi0atioR pwFposos. +he pwF0hasing effiee~o::~~ , :R ~s~"~poRIRS I~ Re~essai:,1 feF
b1eEloF i.•.ihoso hie ,,,,,as re0ei1a10€1 aftoF tho €1oaer a ~w :it uF1ttoR Rot~0at10R te tho
tho Bio was aetwally re00i1a1oe aRB u~at U:10 hie . IR: ~tat1Rg .,.,Rat the ooaol_lRQ was, whoR
after tl:io eoaeliRe. 18 SIRS Foiwmee he0a1s1se it was Foeei1a1oe
Ii If R0 bids QFQ FOeei·1ee 0F if Fl b'o . R . . soli0itati0R 0061:1meRts, tt:ie ":;0;~;i;0 ;1""8 moet t.""9 ~e~wiFomonts ~~ s~oeifioo iA the
iRroFmal l;iieeiRg prneeBUFOS ! U10 eitl1 ! ~OOF mt:y FQISSUO tRe sohe1tat10R wsiRg tho .. . ? ay eease e prneuromoRt.
8· If two OF mei:e Bies aFo Foeer1oe •11ith th t · aRe seP,1iee heiRg oqwal aRe if t~~ .. "', ... _ .... e_ same •eta_l ameuRt er l:IRit pries, €juali~1
Feae¥oFtisiRg f0F Bies, tho ~i~, eewReil may~=~~~e ei~!:::~ ""'111 Ret pe~m!t tt:ie eelay ef
7. IR 00RSi€1eriRg roFmal eios f0F S . ,· a0eept Ut~ BIB 1t 6Reeses.
autROFity may wai1a1e miRor eefee • upph~~· SQF\ ie~s aRS Q€jlsllpmeRt, tt:ie ari¥aFeiRg
affeet tl::le ~is ~mouRt eF gi1a1e a ~~:i:~1
1~~~=~;~1
::· :::=~~::0t~~1~:R:~::8sulaFities oe Ret
a. f"'ill BIBS SRall 68 eeemeo Fejeetee iJ Fl ·ti, . . . . . p~epesals 'NitRiR RiRety . says after ... ~ho hies .. :a::~ :ouR01I aet_11~R is takeR OR tt:ie eies OF
h1eeeFs agree t0 e~eRe a hi€1's effeeti·1e sate " eeR i:eee1.ee. aR€1 epeReo, uRless g . I l! 'I • upoR FO€jlsl8SI 8¥ tt:ie e1ty.
as it fi;~:::a:1~R::~1 RR:e•eBs!:~.at~Re;'ty te re€j1s1iFO a_ pelfeFmaRee eeRo iR sueh amouRt
applioaele la111 IHl=lo eitl· F8€1 . .,, p :set tRe hest IRteFests ef tRe eity eeRsisteRt •uith
11 ·f UlrBS a p0""'9FFRaR68 80R8 tR t i n eeserieee iR the Rotiee iR1c1itiR~ eios.'e ame1s1R 0 tl::le eeRe sl:lall be
~ Q. ,Aill eeRtraets fBF supplies soruieos ans . tho eost 1a•al1:1e fBF tho oiti· '1 eq1s1ipment shall he awaFoeo hasee OR
I· n -~aot:i FRenlh the ei~· maRager ~ 11 9 .
00RtFa6tS tt:iat Ral/8 eeeR awaFiee adm;Rist:a~:el:~(O~~ ~~~e 8~r~:=~~e~Q~2~epeR ef all
- 6 -
/ 0
--· ---~----·-... --.-.. -, ......... __ .,. _____ .,_ ... ·-' ,.,_ .•.. ..., ............ .,. ........
Exhibit 1
3.28.060 Comn p· 2.po ,.1110 negotiation &,
3 A. Tl:ie f)l:IFOhasi1=1~ effioer . . tha~ these listed i1=1 Seotie ma~ a1:1th0r1ee the selioitati
4
'eq"'P"'
1
••~:v ••fflpelili¥e .::;;~~:.~ .~:d lhe pu,eha:: = :i;:::i•~al_ oerviees elher
d II . • oool "'llie """"r .,_ ""· •• "'""' ••PPli•• '"
s e ars; a1=1d ... ,... ies, seF¥100s er e . . 3. l'he o , q"lpfflerll 18 greater Iha• fi••
6 soeo1·t1·ra•· "PPh•• or eq"inr>1ent •• lliewsaod ... ""' ,101=1s aFe 1=1 t . ... .,, are s1::1ot;i tt;i t
7
14
27 • WFllleR ohaRge eoder .:· and •• pa111>1eRI fer••¥ ""~:h•:t lhe '""""""" al a w,illel,
•:•ooda••• with this eeoli•• d ""'""""'""' has fi,ol •••• • ••s• shall Be'"'""" ••I•••
28 • add1t1eoal """'P•••af I •••!1•al1og iR a<l¥aRee lh .,. app,ewd ••d """""' d _-••• • Be paid. {Q,d_ NS 627 I • ,,e,k lo tie II••• aml the • '" ~pa~' 3003~ am01::1Rt
- 7 -
I I
Exhib it 1
1
2
3.28,090 CoopeFati¥& puFehasing.
3 TRe p~roR_eu,iAg effioe_F sttall ROl/0 tRe a1o1t!;ioritv to ;oiA witR otboc ageFIOIQS IA 0001;1ci:9~ i.. • J .. u,.,,,-p1:1eli0 er €jl:IOSi 1;11;19
1
• , r-""·. 11'-18 p1:1r0 ... asiAg plerns .er 1;1reorams foe tho u ,... sof\ ieas aAe-er 8g1;1Ig ~ .... ,... l;:, ,. ""'"" p ... ro!;iase ef s1:1pplia
lie
S;
4 as d t: : ; b .., rJffieA, uy OEmtraot, arraRgemm;it er a9Fa0moF1t as II a arm1RBt1 .,,y _U:ia pu~hasing effisor te ea iR *ha oit-·'s best ·1R*BF -salfl,e01\MtJB~B!:l=De~111-'-l.:lawv11=.1 a~
5 effioer ma~ su~ 81 ti ~ '"" " ... .: .:-est. The pwr01:lasi
AB
Ag
6Y ..,b +: \.._ 1 raE? Y .ram a '.'BFIBOr at a orioa estaelisRad bv an .. F,8FI tFIB o, ... er age R B F' a U7 ,,ot!;ior p1:1elio agoA
6 . (~a~. 20Q2)Asyas ma e their p1:1Fol:laso in a sompotiti¥e maF1F10r. ~Ore. NS 62 7
7 3.28.100 E•emptions.
8 A. TRe felle1,s.•ing nreo1:1remonts t · ,.. Fl • oeA raots or traAsaotim~s are eYemoted fre'" th
9 previsieAS of this el:lapter: " .... ,.. -a ---m -1"1
Q
10
~-:~ergeAsy preowFemeR&G fer eom,tr1:1otieA, eq1:1ipm0Rt er repairs;
· e o se1:1Foe geees er services;
11
. 3. Items _req1:1iroe te matel:I er lae oemoatilale w1·tb other furn1·s e
0
1:111;1meRt gro I "-F' "' "' --.. -n--RiAgs, materials O
-, f"'m ,...~ ¥ie1:1s Y p1:1ro ... asoe ey U;ie 6ir" 4 G e"t';,
F
12 stan€1a~di~et;l_.,tfo~:;;
I
:i~ ~r:~:R!~:s~=:~r ~F ~::::~!. ~~:::~ment that RQ\IQ 600A
13 e. '=' 11 Y S0F¥I08S _aFle rolatee oRargos; .
1
'
bl" 6-Gee~s er ~0r.'I6es eetaiAee frem er tRre1:1gR agreamoAt J"•itb 14 p1:1 ... 10 er q1:1as1 p1:1eho ageAsy; n "' any gevornmental '
15
16
!· !Roal pFBporty leases er pwrnt::lases ane related .tiUe ane os6reu f
e. RSYFBA00 BAB 00Aes· "" n~• :@0084&~;
g "e i:t· · · • 'n ve IsIng m maga;zinas newsnaners er etbe d' rn 'A'e I f ~ · .. ,.. r "' r mo-.11a; · • :Ms e an, anteFtainmeRt er J:)erformors·
:~-~era~ oell~otien materials ~r sorvises or ~ther eeel~s or perieeioals;
a oar rer1tal~ ~=~ a:~~~ ewes, oeA¥er1tieF1s, trair1iAg, tra,,01 arrangomeAts inolweir1g Rotels,
. 13._ Swrpl1:1s FJ~rsenel nreoa&J rn.e.med i.. t"-"-I r-,.. ""'· "" " a ..,y ar10 ... er geverAmont i..1· ·
9 pl:lu 10 8AtIty. ~Ore. f),~ 627 ~paFt~, 2QQ2) ... I pwu 16 er qwasi
7
20
21
22
23
24
25
26
27
28
3,28.110 ConstFuetion pFojeets,
'>· Go_FltF8&ts for public projects iA tRe 6itol· shell eo e"or . . molu€1mg tt::le Galifornia P1:1elio Gontraot G::€1 [;Y11 •• 9 ;i nee lay apphoalale state lava1s
tRe beoal o g p er G 0 • 1. isier1 , Part 1 eA€1 rn,,isie'A 2 Part 3 :its;;~:; ;:rz:.~:~:: ,;:•~~~-:::• ?~:j.w:;~:~~::::• ci:~ t:.:~: _ b¥ IOe •~ ef II,~
tt::le e1ty. CeRtmots for p1:1eho projects shall also 60 " . t,r1g Pict for 1:1se ir1 :~~~=~d bS·p~•ifi~ali••· fer PuDli• W•FI<• c ••• , ... .i~:~ =~·d·~~~-~~·:;;~:~:~:.::~::
. Y ~ reonlaeol( GoFRm1ttee ef tRe fl1:1elio \A'erks Stans 8 ' ot!;iernse gro e e .._ t"-• ----· ar s IAe., f:meept as a ~h<n:;: p VI e uy ... o eity GOl:IFIOil or Urn 6ity manager if tRe 60Atraei 1:1 erI
1
. is withiA RisJ!;ior
e I
~ · Pw
0
e~i: projaots ef t\\'OFIFJ fi1,0 tRewsaRe dollars or less may 60 p -mp oyees _1. eroe 8.,,6 ~ .... -arformee by oiP'
7 ... o1:1r1,, 0 Y negotiates oentraot or 6y p1:1ro!;iaso orear.'
-8-/~
Exhibit 1
. 23032 ~e➔ ef t~a -•Rt speoiliedia Seot,:'oed•"'s sel fflllR '" tl=la1=1 tho ams + t ev i1=1f8Fmal P jeols less J I le """'"'" ' I lhe
14 Ille lowest "'"l'On .... ea by Olly ·"'!' . .
15 :::: :::er::~r:~:::g~:s~:;~::::il~~n:;:~=!:~:, ~=b~~I:::~~=
· edw,es;, · ia•-~IR!I -·a pemng · 16 0 TRe fflm,aJ bidding P"':ffioer shall "1ail ni"''::,~.i0ys belo"' Ille! bi;:,~ d0yo beffl"' lhe
17 . 1. ne l'•'"Ras,ngls et le0ol lhi,ly 08 en I leasl fewR!len 08 •n_ In addition _I• ~-•
oenst,wolien '"""" 1:~==• shall be pwbhoR:~~ oi,swl0lieR -'" t?R :Zy manner wlush ,.,11
18 nelioe in\liling "'1ta~n a newspaper el :i:: "'"I' be ad¥mlmo ' -andler
ei€1 epom1=1s th€1aa 1=10ti0a i1=1•1iti1=1g_ ferml , ;,~soR"1i1=1atee. ts may ee tFa1=1sm1tte€1 19 paper -I l>e •·•18e ~ • • -
0
deowmen
•-; ,;. i~lo,...etion '": ~d•.:.,. feasible, bv ~ _ , _ el, biQo or "'"I', in
20 I'""" 2. Whoa lho oily . . , or inffl,...ahly '" "" .
. 9 ••·er lhe ,nleFflBI.. -0ny "'iner '""9•10,lly TRe oil>· sewne,I 21 roee1•e • -ay "'81¥8 1 a ·111e bidder. "' 3. The oily"'~ i"a11 bids p,eoeR~ · Jo•uesl ,espens,
22 ·1s sole diso,-.,lien, •Bl~:l,all be awar<le9 lo 11,e " lhe projesl may hbe
' 4 TJ,e ooallilo els f m,al p,eoeQw,-.,, I uiti,owl 11111 er ,.; a •II 1e ..... i oonH -;, d IRF8W!lh lhe ~ elialeQ seal .... " 23 sl,all awar 1,·ao are reoe1,e aooownl OF Reg
6 II RO
I
b'l "'""' 92' 24 "· • oily ""'P1•Y••s. • s 637 fpa,tj, 3(), ' paFfeF~e€1 -~"ih this soeti01=1. ~0F€1. ~,
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~-~~,_,¥ ....... -~. •· • '"" ...•.•... ,. ,• .•• , •. _.. •. -~--···'·'•·, ~·--·-·--····--,.,.,.. • • ··-..•. ,~-•.. _.. .•• , ~-• ...... .,.."·"'-·~---:.
Exhibit 1
1 3.28.120 ExaeutiaA af ehanga orders.
2 Tho eity eo1;1neil · may ey rosol1;1tion authoriii!o tho eity manager to approla'o ehango on;jors
on a pr@joet to an ammrnt it €1otorminos approf)riato for a largo, eomplox projoot. (Ord. 3 tilS 037 (paFt➔, 3QQ3)
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3,28,130 Ema,ganeias.
In eases of omor=goncy, as eotormined ey tho eity couneil, im~lueing, eut not limited to,
6 states of emorgenoy dofino€1 in Co¥ornrriont Code Section 9e§9, as may eo amended
fr=om time to time, when repair or replaeoments are necessaF)' to permit U10 eontinued
7 eonEluot of tho operation or sePv'ioos of a puelie ageney or to a¥oiEI danger to life or
property, the eity manager may then f!JFOeeo€1 at onee to roplaeo or repair any puelio 8 facility andtor procure the neoessary 0€1Uipment, soF¥iees aml supplies, without adopting
9 tho plans, speoifieations, or working details or gi1e•ing notieo of eids to lot eontraets.
Emergency 1.¥ork may ee eomplotoo ey day laeor under tho dirootion of tho eity manager,
10 er ey eontraotor, or a eomeination of tho tv.io. Tho oity manager is dolegato€1 the power to
declare a puelie emorgoney subjoet to eonfirmation ey the eity eeuneil, tiJy a four fifths
11 i.1ote at its next reg1a1lar meeting follov.1ing tho eity manager doolaring a putiJlie emorgenoy.
(Ord. tilS 637 (part), 3QQ3)
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13 SECTION 2: That Chapter 3.28 of the Carlsbad Municipal Code is enacted in its entirety
14 and reads as follows:
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Sections:
3.28.01 O Title.
3.28.020 Purpose.
3.28,030 Definitions.
CHAPTER 3.28
PURCHASING
3.28,040 Procurement and Disposition Responsibilities.
3.28.050 Procurement of Goods.
3.28,060 Procurement of Professional Services and Services. 21 3.28.070 Competitive Negotiations for Goods. Services and Professional
22 Services.
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Ill
Ill
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
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• ,., • .-~~u~•"'"-"~-••►-~-•-_,,, .. ,. ••-.,•-••' '"•-•---•-.:.,-.,_ ~. •••-.. ,.~--~-•-•"•••• ••-
11/
Exhibit 1
1 3.28.010 Title.
2 This chapter shall be known and may be cited and referred to as the "Purchasing
Ordinance of the City of Carlsbad."
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4 3.28.020 Purpose.
5 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
6 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
7 system. ·
8 3.28.030 Definitions.
9
A. For the purposes of this chapter. the following definitions apply:
10 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:
11 2. Best Value. "Best Value" means the Best Value to the City based on all
factors that may include the following: ·
12 · a. Cost"
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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 17 f, The ability of a Contractor to provide future maintenance, repairs,
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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
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
24 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
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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.
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Exhibit 1
8. End User. · "End User" means the Ci~ of Caclsbad and includes, an~ Ci~
de12artment/division · reguesting Goods, Services, Professional Services, and/or
Construction Projects.
9. Fixed Asset Egui12ment. "Fixed Asset Egui12ment" means egui!;!ment of a
12ermanent nature that has a useful life of more than one ~ear and meets or exceeds a
monetaQ! value established by the Finance Director.
10. Goods. "Goods" means articles or items that are moveable at the time of
sale1 including but not limited to egui12ment1 su~12lies and/or materials.
11. Procurement. "Procurement" or "Procure" means the a~uisition of Goods,
Services, Professional Services, or Construction Projects by the Ci~, including but not
limited to ~urchasing, renting or leasing, and all functions and 12rocedures 12ertaining to
such acguisitions.
12. Professional Services. "Professional Services" means the Procurement Qf
Services that involve the exercise of 12rofessional discretion and inde~endent judgment
based on advanced or s~ecialized knowledge, ex1;1ertise or training gained by formal
stud~ or ex1;1erience. Such Professional Services include, but are not limited to, Services
~rovided by a121;1raisers, architects, engineers, instructors, insurance advisors, ~hysicians
and/or other SQecialized consultants. Professional Services includes, but is not limited to,
those 1;1rofes!;iionals as defined in California Government Code section 4526.
Professional Services does not include attorney/legal services.
13. Purchasing Officer. "The Purchasing . Officer" means the 1;1erson(sl
res12onsible for the Procurement of Goods, Services, Professional Services, and/or
Construction Projects in accordance with the 12rovisions of this cha12ter. The 12erson(sl
designated, in writing, by the Ci~ Manager as the Purchasing Officer of the Ci~. or an
individual s12ecifically authorized by the Purchasing Officer to act on his or her behalf.
14. Res12onsible Bidder. "Res12onsible Bidder'' means a bidder determined by
the Awarding Authori~:
· a. To have the abili~. ca12aci~. ex12erience and skill to 12rovide the
Goods, Services, Professional Services, and/or Construction Projects in accordance with
Bid S1;1ecifications, and if a1212licable:
b. To have the ability to ~rovide the GQQdS, Services, Professional
Services, and/or Construction Projects ~rom12tly, or within the time s12ecified, and if
amJlicable:
C. To have egui12ment, facilities and resources of such ca12aci~ and
location to enable the bidder to 12rovide the reguired Goods, Services, Professional
Services, and/or Construction Projects and if ai:;ii:;ilicable:
d. To be able to ~rovide future maintenance, re12air, 12arts and Service
for the use of the Goods and/or Construction Projects 12urchased, and if a12~licable:
e. To have a record of satisfactoQ! ~erformance under i:;irior Contracts
with tbe Ci~ or other i:;iurchasers where such bidder has ~reviously been awarded such
Contract.
15. Resi:;ionsive Bidder. "Res12onsive Bidder" means a bidder determined by
the Awarding Authori~ to have submitted a com1;1lete Bid or 1;1roposal which conforms in
all material res~ects · to the reguirements of the Bid, Contract, or other ~roposal
documents.
16. Services. "Services" means work 12erformed, or labor, time and effort
expended, by the Contractor.
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Exhibit 1
17. S12ecifications. "S12ecifications" means the desQri12tion of the 12hysical
and/or functional characteristics or Qf the nature of the required Goods, Services,
Professional Services, and/or Construction Projects.
18. Sur12lus Personal Pro12e~. "Sumlus Personal Pro12e~" means Goods that
are owned by the City and which are no longer needed or which are obsolete or
unserviceable1 or 12ro12e~ that is a by-12roduct (e.g. scra12 metal, used tires and oi11 etc.).
19. UPCCAA. "UPCCAA" means Uniform Public Construction Cost Accounting
Act. (California Public Contract Code Section 22000, et seq)
3,28,040 Procurement and Disposition Responsibilities,
A. End User. The End User shall:
1. ldenti~ its Procurement needs and the availabili~ Qf funding; and
2. Submit to the Purch~sing Officer St2eQificatiQns for the required Goods,
Services, Professional Services1 and/or Construction Projects; and
3. Partici12ate in the evaluation of Bids and 12ro12osals; and
4. lns12ect Goods delivered, Services ~erformed1 Professional Services
rendered, and/or Construction Projects to determine conformi~ with the requirements set
forth in the Bid or Pro~osal Documents and with contractual obligations, and authorize
12ayments for · conforming Goods, Services, Professional Services, and/or Construction
· Projects.
B. Purchasing Officer. The Purchasing Officer shall be res12o□sible for the Procurement
of Goods, Services, Professional Services, and/or Construction Projects for the Ci~ in
accordance with the 12rovisions of this cha~ter. Exce12t as 12rovided for herein1 no
Procurement shall be made contra~ to the ~revisions of this cha12ter. Any Agreement or
Contract for the ~urchase of Goods, Services, Professional Services, and/or
Construction Projects made contra~ to the 12rovisions of this cha12ter shall be void and
any claim O[ demand against the Ci~ based thereon shall be invalid. The Purcbasing
Qfficer shall:
1. Pre12are and recommend to the Ci~ Manager o~erational ~rocedures and
forms for the Procurement of Goods, Services, Professional Services, and/or
Construction Projects in coo12eration with the End Users and for the dis12osal of Sur12lus
Personal Pro12e~; ·
2. Procure or su12ervise 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 Ci~ Council;
4. Whenever 12ossible, establish standardized s~ecifications and consolidation
of requirements for Goods and/or Services required by two or more End Users;
5. Sell or otherwise diS(:?QSe of Sur(:?lus Personal Pro(:?e~1 and lost and
unclaimed 12ro12e~ held b~ the Ci~'s 12olice de12artment.
C. Ci~ Manager. The Ci~ Manager shall be the Awarding Authorit~ for:
1. All Procurement of Goods for which the cost to the Ci~ is one hundred
thousand dollars (~100,000) or less;
2. All Ca12ital Outla~ Items a1212roved by the Ci~ Council during the budgeting
12rocess regardless of the dollar amount;
3. All Contracts for Services and Professional Services of one hundred
thousand (~100,000) or less 12er Agreement year;
4. 811 Construction Project Contracts less than the formal bidding threshold
established by the UPCCAA:
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Exhibit 1
5.Any change order, amendment or extension to an existing Contract whichwhen added to the Contract amount. including prior change orders. is within the authority 2 granted in Sections 1, 2, 3 and 4 above: 6.Any Construction Project change order up to the dollar amount equal to the3 contingency amount set when the underlying Contract was awarded:
. 4 7.Any Construction .Project change order in which the total amount of theoriginal Contract and all amendments and change orders are less than the formal bidding
5 threshold established by the UPCCAA:
8.Any change order or amendment to a non-Construction Project Contracta awarded by the City Council in an amount up to twenty-five percent of the original
Contract amount, including the total of all amendments and change orders. up to a limit 7 of one hundred thousand dollars ($100,000} per Agreement year. 9.Any extensions to a Contract awarded by the City Council as delegated in8 the Contract or the approving resolution.
9 10.The City Manager shall approve alternate Procurement methods. ifappropriate. for use on an experimental basis. and recommend to the City Council
10 additions. deletions or modifications to the City's Procurement methods. 11.The City Manager shall have the authority to delegate the awarding of
11 Contracts. amendments and change orders for Goods. Services. Professional Services. and/or Construction Projects as set forth in this chapter by Memorandum or by 12 Administrative Order. 12.Each month the City Manager shall send to the City Council a report of all13 Contracts that have been awarded over the formal Bidding requirement.
14 D.City Council. The City Council shall be the Awarding Authority for:1.Any Procurement of Goods. Services and/or Professional Services costing
15 more than $100,000 per agreement year; 2.Any Construction Project Contract at or above the formal bidding threshold
16 established by the UPCCAA:
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3.Any change order or amendment that exceeds the City Manager'sauthority. E.City Attorney. The City Attorney may be the Awarding Authority for the Procurement oflegal services. regardless of the dollar amount. up to the amount of appropriations
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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 thanthe dollar amount established for formal bidding for Goods in Section 3.28.050(C} (1) herein: or
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Exhibit 1
5. Any change order, amendment or extension to an existing Contract which
when added to the Contract amount, includiRg prior change orders, is within the authority
2 granted in Sections 1, 2, 3 and 4 above:
. 6. Any Construction Project change order up to the dollar amount equal to the 3 contingency amount set when the underlying Contract was awarded: ·
4 7. 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 ·
5 threshold established by the UPCCAA; .
8. Any change order or amendment to a non-Construction Project Contract
6 awarded by the City Council in an amount up to twenty-five percent of the original
Contract amount. including the total of all amendments and change orders, up to a limit
7 of one hundred thousand dollars ($100,000) per Agreement year.
9. Any extensions to a Contract awarded by the City Council as delegated in
8 the Contract or the approving resolution.
9 10. The City Manager shall approve alternate Procurement methods, if
appropriate, for use on an experimental · basis, and recommend to the City Council
10 additions, deletions or modifications to the City's Procurement methods.
11. The City Manager shall have the authority to delegate the awarding of
11 Contracts. amendments and change orders for Goods. Services, Professional Services,
and/or Construction Projects as set forth in this chapter by Memorandum or by
12 Administrative Order.
13 12. 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.
14 D. City Council. The City Council shall be the Awarding Authority for:
1. Any Procurement of Goods, Services and/or Professional Services costing
15 more than $100,000 per agreement year:
2. Any Construction Project Contract at or above the formal bidding threshold
16 established by the UPCCAA:
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3. Any change order or amendment that exceeds the City Manager's
authority.
E. City Attorney. The City Attorney may be the Awarding Authority for the Procurement of
legal services, regardless of the dollar amount, up to the amount of appropriations
available.
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)
herein: or
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Exhibit 1
b. When no Bids are received ~ursuant to the formal Bid procedures
established; or
C. When all Bids reQeived substaotially: exceed the Ci~'s estimated
costs1 as determined by: the Purchasing Officer through the formal bidding ~rocedure.
d. The Ci~ Council may: designate ~~es or classes of Procurements
costing more than the dollar amount established for formal bidding in Section
3.28.0S0(Cl (1l herein; which may: be ~urchased through the use of informal bidding
~rocedures whenever the Ci~ Council finds that use of the informal bidding ~rocedure is
advantageous to the Ci~ consistent with a~~licable law.
2. The informal bidding ~rocedure shall be as follows:
a. Bids shall be obtained btwritten or oral reguest.
b. When ~ossible1 a minimum of tbree bidders sbQ!.!ld be solicited.
C. Best Value criteria, if used, must be determined before Bids/guotes
are ~ublished Qr distributed to ~otential bidders/su~~liers.
d. Res~onses shall be in writing1 and ma~ be transmitted b~ facsimile,
by: mail1 electronicall~ over the Internet, or by: an~ other means of delive~ as described in
the Bid Documents.
e. The award shall be based on Best Value to the Ci~ or the lowest Bid
submitted by: a Res~onsive Bidder, as determined by: the Purchasing Officer, and shall
be awarded b~ the Ci~ Manager.
C. Formal Bidding for Goods:
1. Formal bidding ~rocedures shall be utilized when the antici~ated cost of the
Goods is greater than thi~ thousand dollars ($30,000}. The Bid limit shall be reviewed
annually: and adjusted in res~onse to the San Diego -All Urban Consumers Consumer
Price Index. The Purchasing Officer shall calculate the effect Qf the cumulative Qhange in
the index to thi~ thousand dollars ($30,Q00} beginning iri Fiscal Year 2009. Adjustment
to the bid limit will be made in five thousand dollar increments ($5,000} whenever the
calculated value exceeds a ~reviousl~ 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 ~ear b~ memorandum from the Purchasing Officer.
2. Procurement reguirements shall not be divided so as to avoid the formal
bidding reguirements.
3. The formal bidding ~rocedures shall be as follows:
a. The Purchasing Officer1 or his/her designee, shall issue a notice
inviting Bids using one or more methods designed to ~rovide reasonable ~ublic notice in
a manner which will ~ermit current i□forrnation to be disseminated widely:. The notice
shall include:
i. instruction to bidders;
ii. S~ecifications describing the reguired Goods;
iii. Bid forms and schedules;
iv. an~ reguired bond forms;
V. general Contract ~rovisions;
vi. the time on or beforewhich Bids will be received;
vii. where and with whom Bids shall be filed;
viii. the date, time and ~lace where and when Bids will be ~ublicly:
01;?ened;
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
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Exhibit 1
Bids, timel~ received, will be (2Ublicl~ 0(2ened b~ the Purchasing Officer1 or his/her
designee, and the aggregate Bid (2ricing stlall be read alQud.
C. An~ (2erson or enti~ with whom the Ci~ has contracted to 12re[2are or
assist in the 12re12aration of Bid or Pro(2osal Documents is ineligible to submit a Bid or
PrQQQsal for the 12rovision of the Goods so s12ecified in the notice inviting Bids or
Pro12osals.
d. Formal Bids received after the deadline for recei(2t of Bids shall not
be acce(2ted b~ the Ci~ and shall be returned to the bidder uno[2ened1 unless 012ening is
necessa~ for identification 12ur12Qse§. The PurQbasing Officer1 or his/her de§igaee, shall
submit written notification to the bidder whose Bid was received after the deadline stating
what the deadline was. when the Bid was actuall~ received and that the Bid is being
returned because it was received after the deadline.
4. If no Bids are received or if no Bids meet the reguirements as §QeQified in
the solicitation documents1 the Purchasing Officer ma~ rei§sue the solicitation using the
informal bidding [2rocedures1 negotiate a Contract based ugon the §Olicitation 1 without
further com12l~ing witb this sectiQ[] Qr the Ci~ ma~ Qease the ProQurement.
5. If two or more Bids are received with the same total amount or unit grice,
guali~ and service being egual1 and if the gublic interest will not germit the dela~ of re-
advertising for Bids1 the Ci~ Council, or the Ci~ Manager if the Procurement is under
one bundred thousand dollars (S100,000), ma~ exercise SQund discretiQ□ and acce12t the
Bid it chooses.
6. In considering formal Bids for Goods, the Awarding Authori~ ma~ waive
minor defects or irregularities, Qrovided that the irregularities do not affect the Bid amount
or give a Qarticular bidder an advantage over others.
7. All Bids shall be deemed rejected if no Ci~ Qouncil or Ci~ Manager actiQn
is taken on the Bids or grogosals within · nine~ (90) da:ts after the Bids have been
received and ogened, unless bidders agree to extend a Bid's effective date ugon reguest
b~the Ci~.
D. Additional Resgonsibilities and Authorities:
1. The Ci~ shall have the authori~ to reguire a gerformance bond in such
amount as it finds reasonabl~ necessa~ to 12rotect the best interests of the Ci~
consistent with applicable law. If the Ci~ reguires a performance bond1 the amount Qf the
bond shall be described in the notice invitiag Bids and Bid Proposal Documents.
2. All Contracts ma~ be awarded based on the Best Value for the Ci~. Best
Value criteria, if used, must be determined before Bids/guotes are published or
distributed to potential bidders/su1212liers.
3. The Cit~ Manager shall be the Awarding Authori~ for Procurement of
Goods for which the cost to the Ci~ is one hundred thousand dollars (S 1001000) or less.
4. The Ci~ Manager shall be the Awarding Authori~ fQr all Capital Outla~
Items a12proved b~ the Ci~ Council during the budgeting 12rocess regardless of the dQllar
amount.
5. The Ci~ Council shall be the Awarding Authori~ for Procurement of Goods
for which the cost to the Ci~ is more than one hundred thousand dollars (S100,000) and
have not been greviousl~ ag12roved as CaQital Outla~ items in the budget Qrocess.
E. The Ci!ts Goods Procurement practice Qrohibits unlawful activi~ including, but not
limited to, rebates, kickbacks, or other unlawful consideration. No Qi~ em12lo:tee shall
(2artici(;late in the selection · Qrocess if that em(21o~ee has a relationshiQ with a person or
business enti~ seeking a Contract with the Ci~ that would subject that em12lo~ee to the
prohibition of Government Code section 87100 (Conflicts of Interest).
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Exhibit 1
3.28.060 Procurement Of Professional Services and Services.
A. Profession~! Services Procurement:
1. Reguest for ProQosals should be used when Professional Services are
needed. The selection of Professional Services for, Qrivate architectural1 landscaQe
architectural, engineering, environmental, land surv~ing or Construction Project
management firms should be based on the 12rofessional gualifications necessa~ for the
satisfacto~ Qerformance of the Professional Services reguired1 on demonstrated
comQetence, and on a fair and reasonable Qrice consistent with Government Code
section 4526.
2. Procurements of Prgfessional Services where the total cost of Services are
thi~ thousand dollars ($30,000} or less shall be made using simQlified and cost effective
OQerational Qrocedures and forms a(2(2rQved by the Ci~ Manager. If tbe cost of needed
Professional Services is exE!ected to exceed $30,0001 at least three E!rOE!OSals should be
solicited for the Professional Service needed whenever E!0Ssible. The Purchasing Officer
may; waive the reguirements for solicitation of multiE!le E!roE!osals if gnly; one individual or
firm can reasonabl:i: E!rovide the Professional Services, and it is in the best interest of the
Ci!y; to waive the reguirement
B. Small Procurements of Services:
1. Procurements of Services where the total cost of Services are thi~
thousand dollars ($30,000} or less in any; one transaction, shall be made using simQlified
and cost effective o~erational. ~rocedures a~Qroved by; the Ci!y; Manager and forms
a~Qroved by; the Ci!y; Manager. The use of formal or informal Bids is not reguired, but is
considered the best management ~ractice. The small Procurement limit shall be
reviewed and adjusted annuall:i: Qer the Qrocedures set forth in Section 3.28.050(Cl(1).
Procurement of Services reguirements shall not be divided so as to constitute several
small Procurements under this subsection.
C. Informal Bidding for Services:
1. Informal bidding Qrocedure, as set forth in Section 3.28.050(8)(2) ma:i: be
utilized:
a. When no Bids are received ~ursuant to the formal Bid Qrocedures
established; or
b. The Ci!y; Council ma:i: designate !:i:E!es or classes of Procurements
costing more than the dollar amount established for formal bidding in Section
3.28.060(Dl(1) herein; which may; be QUrchased through the use of informal bidding
~rocedures whenever the Ci!y; Council finds that use.of the informal bidding ~rocedure is
advantageous to the City; consistent with aimlicable law.
D. Formal Bidding for Services:
1. Formal bidding Qrocedures shall be utilized when the antici~ated cost of the
Services is greater than thi~ thousand dollars ($30,000}. The Bid limit shall be reviewed
annuall:i: and adjusted in resr;?onse 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 thi~ 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 E!reviously; set bid limit b:i: 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.
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Exhibit 1
2. Procurement requirements shall not be divided so as to avoid the formal
bidding requirements.
2 3. The formal bidding procedures and requirements shall be as set forth in
Section 3.28.050(C) and Section 3.28.050<0).
3 4. The City Manager shall be the Awarding Authority for Procurement of
4 Services and Professional Services for which the cost to the City is one hundred
thousand dollars ($100,000} or less per Agreement year.
5 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
6 hundred thousand dollars ($100,000} per Agreement year.
7 E. The City's Services and Professional Services Procurement practice prohibits
unlawful activity including. but not limited to, rebates, kickbacks. or other unlawful
8 consideration. No City employee shall participate in the selection process if that
9 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
10 87100 {Conflicts of Interest).
11 3.28.070 Competitive Negotiations for Goods. Services. and Professional Services.
12 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: 13
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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(0)(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.
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. 22 D. The City Council shall award Contracts for Goods and/or Services over one hundred
23 thousand dollars ($100,000} per Agreement year.
24 3.28.080 Construction Projects.
2s 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
including the California Public Contract Code. Division 2. Part 1, and Division 2, Part 3, 26
the Local Agency Public Construction Act, which includes the adoption by the City of the 27 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 28
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Exhibit 1
of the Standard S12ecifications for Public Works Construction and the latest su1212lement
thereto, ado12ted by the Green book Committee of the Public Works Standards, Inc.,
exce12t gS otherwise 12rovided by the Cilv Council or the Cilv Manager if the Contract is
within his/her authority.·
1. Construction Projects -less than the amount sgecified in Section 22032 (a)
of the California Public Contract Code may be performed by Cilv emgloyees by force
account, by negotiated Contract or by 12urchase order.
2. Construction Projects less than the gmoynt specified in Sectio□ 22032 (bl
of the Cglifornia 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
(cl of the California Public Contract Code shall be let by formal biddi□g procedure.
4. It shall be unlawful to sglit or se12arate work or 12rojects into smaller work
orders on projects fQr the purpose of evading the provisions of this chapter.
· 5. The Cilv Council shall adopt plans and Specifications for all Construction
Projects to be formally bid when the value exceeds the limits established by the UCCAA.
6. The informal bidding for Construction Projects procedures shall include the
following procedures:
a. The Purchasing Officer or his/her designee shall develop a list of
gualified Contractors eligible to submit Bids on informal Contracts awarded by the Ci:tv.
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 gualified Contractors and construction trade
journals not less than ten (1 O} 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 reguire the payment
of prevailing wages.
d. When the Awarding Authori:tv deems feasible, Bid Documents may
be transmitted and/or received over the Internet.
· e. The Awarding Authorilv may in its sgle discretion reject any or all
Bids presented and waive any minor irregularilv or informality in such Bids. The Contract
shall be awarded to the lowest Responsive, Responsible Bidder. If no Bids are received
through the informal procedure, the project may be perfQrmed by Ci!Y employees, by
force account or negotiated Contract without further complying with this section.
f. The City Manager or his/her designee shall award all informal
Contracts.
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 (30l
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
news12a12er of general circulation in the Ci:tv. In addition to the news12aper1 the notice
inviting formal Bids may be advertised in any manner which will permit the information to
be widely disseminated.
b. When the Awarding Authorilv deems feasible, Bid Documents may
be transmitted and/or received over the Internet.
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C. Th
, ........ , ~.~ .. , . ..,· --;_ .,,,_._ ...... , -, ...
Exhibit 1
e Awarding Authority may waive any minor irregularity or
informality in such Bids or may, in its sole discretion. reject all Bids presented.
d. Th e Contract shall be awarded to the lowest Responsive,
Responsible Bidder,
e .. If
may be performed by
no Bids are received through the formal procedure, the project
City employees, by force account or negotiated Contract without
this section. further complying with
f. Th e City Council shall award all formal Contracts.
3.28.090 Execution O f Change Orders And Amendments.
A. No amendment to
written change order
an Agreement or Contract shall be made without the issuance of a
or amendment, and no payment for any such change or
made unless a written change order or amendment has first been
d in accordance with this section designating in advance the wgrk
ount of additional compensation to be paid.
amendment shall be
apprgved and execute
to be done and the am
B. The City Council may by resglution authorize the City Manager to approve change
n amount it determines appropriate for a-large, complex project. orders on a project to a
3.28.1 oo Cooperative Purchasing.
The Purchasing Office r shall have the authority to join with other public or guasi-public
e purchasing plans or programs for the purchase of Goods and/or
arrangement or Agreement as allowed by law and as determined
cer to be in the City's best interest. The Purchasing Officer may
ndor at a price established by another public agency when the
agencies in cooperativ
Services by Qgntract,
by the Purchasing Offi
buy directly from a ve
other agency has mad e their purchase in a competitive manner.
3.28.11 O Exemptions.
A. The following Proc urements. Contracts or transactions are exempted, as determined
rity, from the provisions of Chapter 3.28: by the Awarding Autho
1. Emergen cy Procurements for Construction. Goods or Services:
2. Goods, Services and/Qr Professional Services that can be reasonably
ngle source: obtained from only a si
3. Items reg
materials or eguipment
uired matching or being · compatible with other Goods, furnishings,
previously purchased by the City:
4. Goods, f
standardized for the Ci
urnishings, types of materials or equipment that have been
ty by the City Manager or by the City Council;
5. Utility Se rvices and related charges: ·
6. Goods, Services and/or Professional Services obtained from or through
vernmental, public or quasi-public agency: Agreement with any go
7.
8.
9.
10.
11 .
12.
Real prop erty leases or purchases and related title and escrow fees:
Insurance and bonds:
Advert is in gin magazines, newspapers or other media;
art, entertainment or performers: Works of
Libra~ co llection materials or Services or other books or periodicals:
Members
hotels. car rentals and
hip dues. conventions, training. travel arrangements including
airfare:
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13.
public entify.
E
Surplus Personal Propem! owned by another government1 public or
xhibit 1
guasi-
14. Situations where solicitations of Bids · or proposals for Goods, Se rvices
horify. and/or Professional Services would be1 i□ tbe discretion Qf the Awarding Aut
impractical. unavailing, impossible, or not in the best interests of the Cify.
3.28.120 Emergencies.
In cases of emergency, as determined by the Cify Council, including, but not limit ed to.
ended
tinued
life or
public
opting .
tracts.
nager.
power
r,.fifths
ency.
states of emergency defined in Government Code Section 8558, as may be am
from time to time, when repair or replacements are necessa!}: to permit the con
conduct of the operation or Services of a public agency or to avoid danger to
propem!, the Cify Manager may then proceed at once to replace or repair any
facilify Qr infrastructure and/or PrQQ!.lre the necessa!}: Goods and/or Services ad
the plans, Specifications, or working details giving notice of Bids to let Con
Emergency work may be completed by day labor under the direction of the Cify Ma
or by Contractor, or a combination of the two. The Cify Manager is delegated the
to deQlare a public emergency subject tQ QQnfirmation by the Cify CQY□Qi11 by a fQ!.I
vote at its next regular meeting following the Cify Manager declaring a public emerg
3.28.130 Prevailing Wages
A This section is intended to supersede the provision of the Public Contract
and Labor Code reguiring payment of prevailing wages, and1 except as express
Code
ly set
Code
of the
forth in this section1 the provisions of the Public Contract Code and the Labor
pertaining to prevailing wages sball have !lQ application to Construction CQntracts
Cify of Carlsbad or its agencies.
B. Payment of prevailing wages (:!Ursuant to Labor Code Section 177
compliance with the prevailing wage reguirements of Labor CQde Section 1770 e
0 and
t seg.
encies
ejects
shall not be reguired for any public works entered into by the Cify or any of its ag
except when reguired as a condition of any Federal or State grants and on other pr
determined by the Cify Council to be of statewide concern.
1. For each public project of less than the amount specified in Section 22032
her or
d that .
(bl of the California Public Contract CQde 1 the Cify Maoager shall determine whet
not it is in the Ci!ts best interest to reguire prevailing wages fQr that project an
determination shall be included in the □otiQe inviting Bids.
2. For each Construction PrQject of more than the amount specified in S
22032 (bl of the California Public Contract Code, the Cify Council shall dete
ection
rmine
reject whether or not it is in the Cify's best interest to reguire prevailing wages for the p
and that determination shall be included in the notice inviting bids.
3;28.140. Severability
If any section, subsection, sentence, clause or phrase of this Chapter is for any
reason held invalid or unconstitutional by the decision of any court of competent
jurisdiction1 the decision will not affect the validify of the remaining portions of this
Chapter. The Cify Council declares that it would have passed the ordinance
codified in this Chapter and each section, subsection, sentence. clause or phrase
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Exhibit 1
1 contained in it irrespective of the fact that any one or more sections. subsections.
sentences. clauses or phrases are declared invalid or unconstitutional.
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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 itto be published at
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least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption or chartered.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the __ day of ____ , 2008, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the __ day of ____ , 2008, by the following vote, to with:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY 16
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RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
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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
REGULATING PURCHASING.
The City Council of the City of Carlsbad, California, does ordain as follows:
Exhibit 2
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SECTION 1: That existing Chapter 3.28 of the Carlsbad Municipal Code is
repealed in its entirety:
10 SECTION 2: That a new Chapter 3.28 of the Carlsbad Municipal Code is enacted
11 in its entirety .and reads as follows:
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CHAPTER 3.28
PURCHASING
15 Sections:
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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
20 Services.
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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
25 3.28.010 Title.
26 This chapter shall be known and may be cited and referred to as the "Purchasing
Ordinance of the City of Carlsbad." 27
28 / / /
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Exhibit 2
3.28.020 Purpose.
2 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
4 exchange for public funds and to safeguard the quality and integrity of the purchasing
system.
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3.28.030 Definitions.
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; 8 2. Best Value. "Best Value" means the Best Value to the City based on all
9 factors that may include the following:
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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;
12 d. The character, integrity, reputation, judgment, experience and
13 efficiency of a Contractor;
e. The quality of a Contractor's performance on previous
14 purchases/Services with the City; and
f. The ability of a Contractor to provide future maintenance, repairs,
15 parts and Services for the use of the Goods and Services purchased.
3. Bid, Contract or Proposal Documents. "Bid, Contract or Proposal
16 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.
18 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
19 Director. ·
5. Construction Projects. "Construction Projects" or "Construction" means
20 those public projects defined in California Public Contract Code section 22002(c).
6. Contract. "Contract" is synonymous to "Agreement" and, regardless of
21 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.
23 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
24 of Goods, Services, Professional Services, and/or Construction Projects.
8. End User. "End User" means the City of Carlsbad and includes, any City
25 department/division requesting Goods, Services, · Professional Services, · and/or
Construction Projects.
26 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 27 monetary value established by the Finance Director.
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Exhibit 2
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
4 such acquisitions.
· 12. Professional Services. "Professional Services" means the Procurement of
5 Services that involve the exercise of professional dis.cretion and independent judgment
based on advanced or specialized knowledge, expertise or training gained by formal .
6 study or experience. Such Professional Services include, but are not limited to, Services
provided by appraisers, architects, engineers, instructors, insurance advisors, physicians
7 and/or other specialized consultants. Professional Services includes, but is· not limited to,
those professionals as defined in California Government Code section 4526. 8 Professional Services does not include attorney/legal services.
9 13. Purchasing Officer. "The Purchasing Officer" means the person(s)
responsible for the Procurement of Goods, Services, Professional Services, and/or
10 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
11 individual specifically authorized by the Purchasing Officer to act on his or her behalf.
14. Responsible Bidder. "Responsible Bidder'' means a bidder determined by
12 the Awarding Authority:
a. To have the ability, capacity, experience and skill to provide the 13 Goods, Services, Professional Services, and/or Construction Projects in accordance with
14 Bid Specifications, and if applicable:
b. To have the ability to provide the Goods, Services, Professional
15 Services, and/or Construction Projects promptly, or within the time specified, and if
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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:
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.
15. Responsive Bidder. "Responsive Bidder'' means a bidder determined by
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
documents.
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.).
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Exhibit 2
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,
4 Services, Professional Services, and/or Construction Projects; and
3. Participate in the evaluation of Bids and proposals; and
5 4. Inspect Goods delivered, Services performed, Professional Services
rendered, and/or Construction Projects to determine conformity with the requirements set
6 forth in the Bid or Proposal Documents and with contractual obligations, and authorize
payments for conforming Goods, Services, Professional Services, and/or Construction
7 Projects. .
B. Purchasing Officer. The Purchasing Officer shall be responsible for the Procurement 8 of Goods, Services, Professional Services, and/or Construction Projects for the City in
9 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
10 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
11 any claim or demand against the City based thereon shall be invalid. The Purchasing
Officer shall:
12 1. Prepare and recommend to the City Manager operational procedures and
forms for the Procurement of Goods, Services, Professional Services, and/or 13 Construction Projects in cooperation with the End Users and for the disposal of Surplus
14 Personal Property; .
2. Procure or supervise the Procurement of all Goods, Services, Professional
15 Services, and/or Construction Projects needed in coordination with End Users;
3. Process the Contracts awarded administratively and/or by City Council;
16 4. Whenever possible, establish standardized specifications and consolidation
of requirements for Goods and/or Service.s required by two or more End Users; 17 5. Sell or otherwise dispose of Surplus Personal Property, and lost and
18 unclaimed property held by the City's police department.
C. City Manager. The City Manager shall be the Awarding Authority for:
19 1. All Procurement of Goods for which the cost to the City is one hundred
thousand dollars ($100,000) or less;
20 2. All Contracts for Services and Professional Services of one hundred
thousand ($100,000) or less per Agreement year;
21 · 3. All Construction Project Contracts less than the formal bidding threshold
established by the UPCCAA; 22 4. Any change order, amendment or extension to an existing Contract which
23 when added to the Contract amount, including prior change orders, is within the authority
granted in Sections 1, 2, 3 and 4 above;
24 5. Any Construction Project change order up to the dollar amount equal to the
contingency amount set when the underlying Contract was awarded;
25 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
26 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
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Exhibit 2
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
4 appropriate, for use on an experimental basis, and recommend to the City Council
additions, deletions or modifications to the City's Procurement methods.
5 10. The City Manager shall have the authority to delegate the awarding of
Contracts, amendments and change orders for Goods, Services, Professional Services,
6 and/or Construction Projects as set forth in this chapter by Memorandum or by
Administrative Order.
7 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.
8 D. City Council. The City Council shall be the Awarding Authority for:
9 1. Any Procurement of Goods, Services and/or Professional Services costing
more than $100,000 per agreement year;
10 2. Any Construction Project Contract at or above the formal bidding threshold
established by the UPC CAA;
11 3. Any change order or amendment that exceeds the City Manager's
authority.
12 E. City Attorney. The City Attorney shall be the Awarding Authority for the Procurement
of legal services, regardless of the dollar am(?unt, up to the amount of appropriations 13 available.
14
15
3.28.050 Procurement Of Goods.
A. Small Procurements:
16 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
17 effective operational procedures and forms approved by the City Manager. The use of
18 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
19 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.
20 B. Informal Bidding for Goods:
1. · Informal bidding procedure shall be utilized:
21 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
23 established; or
b. When no Bids are received pursuant to the formal Bid procedures
24 c. When all Bids received substantially exceed the City's estimated
costs, as determined by the Purchasing Officer through the formal bidding procedure.
25 d. The City Council may designate types or classes of Procurements
costing more than the dollar amount established for formal bidding in Section
26 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
advantageous to the City consistent with applicable law. 27
28 2. The informal bidding procedure shall be as follows:
- 5 -
Exhibit 2
a. Bids shall be obtained by written or oral request.
. b. When possible, a minimum of three bidders should be solicited.
2 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,
4 by mail, electronically over the Internet, or by any other means of delivery as described in
the Bid Documents.
5 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
6 be awarded by the City Manager.
C. Formal Bidding for Goods:
7 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 8 annually and adjusted in response to the San Diego -All Urban Consumers Consumer
9 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
10 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 .
11 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.
12 2. Procurement requirements shall not be divided so as to avoid the formal
13 bidding requirements.
3. The formal bidding procedures shall be as follows:
14 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
15 a manner which will permit current information to be disseminated widely. The notice
shall include:
16
17
18
19
20
21
22
23
24
25
26
27
28
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
opened;
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
- 6 -
Exhibit 2
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 further complying with this section or the City may cease the Procurement.
5. If two or more Sids are received with the same total amount or unit price, ·
5 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
6 one hundred thousand dollars ($100,000), may exercise sound discretion and accept the
Bid it chooses.
7 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 8 or give a particular bidder an advantage over others.
9 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
10 received and opened, unless bidders agree to extend a Bid's effective date upon request
by the City.
11 D. Additional Responsibilities and Authorities:
1. The City shall have the authority to require a performance bond in such
12 amount as it finds reasonably necessary to protect the best interests of the City
13 consistent with applicable law. If the City requires a performance bond, the amount of the
bond shall be described in the notice inviting Bids and Bid Proposal Documents.
14 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
15 distributed to potential bidders/suppliers. -
3. The City Manager shall be the Awarding Authority for Procurement of
16 Goods for which the cost to the City is one hundred thousand dollars ($100,000) or less.
4. The · City Manager shall be the Awarding Authority for all Capital Outlay
17 Items approved by the City Council during the budgeting process regardless of the dollar
amount. · 18 5. The City Council shall be the Awarding Authority for Procurement of Goods
19 for which the cost to the City is more than one hundred thousand dollars ($100,000) and
have not been previously ai;,proved as Capital Outlay items in the budget process.
20 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
21 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
22 prohibition of Government Code section 87100 (Conflicts of Interest).
23
24
25
26
27
28
3.28.060 Procurement Of Professional Services and Services.
A. Professional Services Procurement:
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
-7 -
Exhibit 2
1 competence, and on a fair and reasonable price consistent with Government Code
section 4526.
2 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 3 operational procedures and forms approved by the City Manager. If the cost of needed
4 Professional Services is expected to exceed $30,000, at least three proposals should be
solicited for the Professional Service needed whenever possible. The Purchasing Officer
5 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
6 City to waive the requirement.
B. Small Procurements of Services:
7 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 8 and cost effective operational procedures approved by the City Manager and forms
9 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
10 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
11 small Procurements under this subsection.
C. Informal Bidding for Services:
12 1. Informal bidding procedure, as set forth in Section 3.28.050(8)(2) may be
13 utilized:
a.
14 established; or
When no Bids are received pursuant to the formal Bid procedures
b. The City Council may designate types or classes of Procurements
. 16
15 costing more than the dollar amount established for formal bidding in Section ·
3.28.060(0)(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.
17
18
19
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
20 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 ex(?eeds a previously set bid limit by more than two thousand five 21
hundred dollars ($2,500). The bid limit adjustment will be made effective at the beginning 22 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. 23
24 3. The formal bidding procedures and requirements shall be as set forth in
Section 3.28.050(C) and Section 3.28.050(D).
25 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
26 thousand dollars ($100,000) or less per Agreement year.
27
28
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.
-8 -
Exhibit 2
1 E. The City's · Services and Professional Services Procurement practice prohibits
unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful
2 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 3 City that would subject that employee to the prohibition of Government Code section
4 .87100 (Conflicts of Interest).
5 3.28.070 Competitive Negotiations for Goods, Services, and Professional Services.
6 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
7 specialized Goods by competitive negotiations when:
1. The cost of' the Goods, Services and/or Professional Services is greater 8 than the dollar amount established for formal bidding in Section 3.28.050(C)(1) and
9 Section 3.28.060(0)(1 ); and
2. The· Goods are such that suitable technical or performance Specifications
10 are not readily available; or
3. . The City is not able to develop descriptive Specifications; or
11 4. Requesting proposals for the particular Service or Goods to be procured
would be more advantageous to the City.
12 B. Whenever possible, at least three proposals shall be received and the award will be
13 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.
14 Competitive negotiations are not intended to be used for the purpose of avoiding the
bidding procedure set forth in this chapter.
15 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. ·
16 D: The City Council shall award Contracts for Goods and/or Services over one hundred
thousand dollars ($100,000) per Agreement year.
17
18 3.28.080 Construction Projects.
19 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
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
20
21
the City. Contracts for Construction Projects shall also be governed by the current edition
22 of the Standard Specifications for Public Works Construction and the latest supplement
23 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
24 within his/her authority.
25
26
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)
27 of the California Public Contract Code may be let to Contract by informal procedures set
forth in this section.
28
-9 -
Exhibit 2
3. Construction Projects of more than the amount specified in Section 22032
(c) of the California Public Contract Code shall be let by formal bidding procedure.
2 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. 3 5. The City Council shall adopt plans and Specifications for all Construction
4 Projects to be formally bid when the value exceeds the limits established by the UCCAA.
6. The informal bidding for Construction Projects procedures shall include the
5 following procedures:
a. The Purchasing Officer or his/her designee shall develop a list of
6 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
7 Contractor's State License Board.
b. The Purchasing Officer or his/her designee shall mail notice inviting 8 informal Bids to all Contractors on the list of qualified Contractors and construction trade
9 journals not less than ten (10) calendar days before Bids are due.
c. The notice inviting informal Bids shall describe the project in general
10 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
11 of prevailing wages.
d. When the Awarding Authority deems feasible, Bid Documents may
12 be transmitted and/or received over the Internet.
e. The Awarding Authority niay in its sole discretion reject any or all 13 Bids presented and waive any minor irregularity or informality in such Bids. The Contract
14 shall be awarded to the lowest Responsive, Responsible Bidder. If no Bids are received
through the informal procedure, the project may be performed by City employees, by
15 force account or negotiated Contract without further complying with this section.
16
17
18
19
20
21
22
23
24
25
26
27
28
Contracts.
7.
following:
f. The City Manager or his/her designee shall award all informal
The formal bidding procedures for Construction Projects shall include the
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.
111
-10 -
Exhibit 2
3.28.090 Execution Of Change Orders And Amendments.
2 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 3 amendment shall be made unless a written change order or amendment has first been
4 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.
5 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
7
3.28.100 Cooperative Purchasing.
8 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
12
3.28.110 Exemptions.
13 A. The following Procurements, Contracts or transactions are exempted, as determined
by the Awarding Authority, from the provisions of Chapter 3.28:
14
15
16
17
18
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
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
19 Agreement with any governmental, public or quasi-public agency;
20
21
22
23
24
25
26
27
28
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;
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,
impractical, unavailing, impossible, or not in the best interests of the City,
I II
I II
-11 -
Exhibit 2
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
4 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
5 facility or infrastructure and/or Procure the necessary Goods and/or Serv.ices adopting
the · plans, Specifications, or working. details giving notice of Bids to let Contracts.
6 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
7 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. 8
9 3.28.130 Prevailing Wages
10 A This section is intended to supersede the provision of the Public Contract Code
11
12
13
14
15
16
17
18
19
20
21
22
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
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.
3.28.140. Severability
If any section, subsection, sentence, clause or phrase of this Chapter is for any
reason held invalid or unconstitutional by the decision of any court of competent
23 jurisdiction, the decision will not affect the validity of the remaining portions of this
. 24
25
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.
26 I I/
27 I I I
28
-12 -
Exhibit 2
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption
2 or upon completion of the legal process of becoming chartered, whichever is later, and
3 the City Clerk shall certify the adoption of this ordinance and cause it to be published at
4 least once in a newspaper of general circulation in the City of Carlsbad within fifteen
5 days after its adoption or chartered.
6 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
7 Council on the 22nd day of July, 2008, and thereafter.
8 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
9 Carlsbad on the __ day of ____ , 2008, by the following vote, to with:
10
11
12
13
AYES:
NOES:
ABSENT:
14 APPROVED AS TO FORM AND LEGALITY
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTEST:
LORRAINE M. WOOD, City Clerk
-13 -
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
July 11, 2008
TO MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
FOR THE INFORMATION OF
THE CITY COUNCIL
--i~11/c~ cfil?? DK E . CITY ATTORNEY
RE: ITEM #4 -AMENDING CARLSBAD MUNICIPAL CODE CHAPTER
3.28-PURCHASING
There is a typographical error in section 3.28.040(E) (handwritten p.41) of the proposed
ordinance wherein the word "may" should be changed to the word "shall". This will make the ·
proposed ordinance consistent throughout.
Should you have any questions regarding the above, please do not hesitate to contact me.
rn
c: City Clerk
City Manager
Finance Director
Deputy City Attorney Edmonson
Q
RONALD R. BALL
City Attorney
July 15, 2008
TO:
FROM:
MAYOR AND CITY COUNCIL
City Manager
RE: ITEM #4 -AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 3;28 -
PURCHASING
To add clarification to section 3.28.040 (c)(2) of the proposed ordinance the section
should read : "All Capital Outlay Items approved by the City Council during the
budgeting process regardless of the dollar amount, unless otherwise directed by City
Council."
Should you have any questions regarding the above, please do not hesitate to contact
me
~~
LISA HILDABRAND
City Manager
CW:trn
c: City Clerk
City Attorney
Finance Director
·•···--•·-. •-•-•·•••· .. ·-·•···•·· ~ ,. ...... --.•..-,.-· ·,.,.,:·-.0· · •-•· ~ •··"~.,,. ~ <--• ......,_._. .... ,.,....,,..,,_ •••••..••.••• ~--~•-·•· .. ·~~r• .-•~»··2 ·--·~•t••••l¼\ 0 --• . ., •. ,..,.._._ .. _ .•. ,., ✓ -•·
Exhibit 2
17. Specifications. "Specifications" means the description of the physical
and/or functional characteristics or of the nature of the required Goods, Services,
2 Professional Services, and/or Construction Projects.
18. Surplus Personal Property. "Surplus Personal Property" means Goods that 3 are owned by the City and which are no longer needed or which are obsolete or
4 unserviceable, or property that is a by-product (e.g. scrap metal, used tires and oil, etc.}.
19. UPCCM. "UPCCM" means Uniform Public Construction Cost Accounting
5 Act. (California Public Contract Code Section 22000, et seq.}
6 3.28.040 Procurement and Disposition Responsibilities.
7 A. End User. The End User shall:
1. Identify its Procurement needs and the availability of funding; and 8 2. Submit to the Purchasing Officer Specifications for the required Goods,
9 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
11 forth in the Bid or Proposal Documents and with contractual obligations, and authorize
payments for conforming Goods, Services, Professional Services, and/or Constructiori
12 Projects.
10
B. Purchasing Officer. The Purchasing Officer shall be responsible for the Procurement 13 of Goods, Services, Professional Services, and/or Construction Projects for the City in
14 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
15 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
16 any claim or demand against the City based thereon shall be invalid. The Purchasing
Officer shall:
17 1. Prepare and recommend to the City Manager operational procedures and
forms for the Procurement of Goods, Services, Professional Services, and/or 18 Construction Projects in cooperation with the End Users and for the disposal of Surplus
19 Personal Property;
2. Procure or supervise the Procurement of all Goods, Services, Professional
20 Services, and/or Construction Projects needed in coordination with End Users;
3. Process the Contracts awarded administratively and/or by City Council;
21 4. Whenever possible, establish standardized specifications and consolidation
of requirements for Goods and/or Services required by two or more End Users; 22 5. Sell or otherwise dispose of Surplus Personal Property, and lost and
23 unclaimed property held by the City's pol ice department.
C. City Manager. The City Manager shall be the Awarding Authority for:
24 1. All Procurement of Goods for which the cost to the City is one hundred
thousand dollars ($100,000) or less;
25 2. All Capital Outlay Items approved by the City Council during the budgeting
process regardless of the dollar amount, unless otherwise directed by City Council:
26 3. All Contracts fo r Services and Professional Services of one hundred
thousand ($100,000) or less per Agreement year; 27 4. All Construction Project Contracts less than the formal bidding threshold
28 established by the UPCCAA;
-13 -
-· -----·--·-·-.... ·----, ·-·--~-,.., .-~•-·• •. -. --.,. .... ,. ,-•. "'"•"'-~-· . --·• & . ~-"-<·•, ,-,-.~·-,-------·-••. ---· -·.
:C:-+~ l'-Jo .7
FOR THE INF'.'"'~MATION OF
THE CIT'· . .>'.JUNCIL
July 22, 2008 ~1:ei.Jo ~ CITY A~
TO: MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
If the Council wishes to introduce the purchasing ordinance but postpone the
introduction and adoption of section (C)(2) of it, your action would be to:
"Introduce Ordinance No. CS-002 repealing, in its entirety, the
current Carlsbad Municipal Code Chapter 3.28 (Purchasing) and
adopting the new Carlsbad Municipal Code Chapter 3.28
(Purchasing) deleting proposed section 3.28.040(C)(2) and
renumbering all subsequent sections."
Should you have any questions regarding the above, please do not hesitate to contact
me.
rn
c: ·~'@tjfk
City Manager
Finance Director
RONALD R. BALL
City Attorney
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Recommendations (cont.)
•!• Definition of small procurements to move from
$5,000 to $30,000
Distribution of Non-Construction Project Purchase Orders
40/o
100%r ~ r I iii 6%
80%V7 590/o
$12,263,878
60%V7 ,□ I ----■ ID >$100K
□ $30K-100K
40%V ~ 1 190/o I 11 <$30K 900/o
20%
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Total $20,710,309 Total# 1,062
Recommendations {cont.)
•!• All procurements over the limits previously noted
should continue to require City Council approval
•!• City Council (or City Manager on smaller
projects) to make determination on requiring
prevailing wages
Purchasing Ordinance
Timeline
•!• First Reading of Ordinance -July 15
•!• Second Reading of Ordinance -July 22
•!• Effective Date of Ordinance -30 days after its
adoption or upon completion of legal process for
Charter City, whichever is later
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PLANNED MAJOR CAPITAL OUTLAY ITEMS FY 2019-20
(Greater than $10,000)
Department
Police
Communications/ Local Cable Infrastructure
Public Works
Fire
Golf Course
Fleet Replacement
Information Technology Replacement
Item Description
Marked police vehicles, fully outfitted
Police motorcycle, fully outfitted
Police Subtotal
Council Chambers Audiovisual upgrades
Communications/Local Cable Infrastructure Subtotal
Hydro excavator
Public Works Subtotal
Fire Prevention vehicles
Fire Captain vehicle
Fire Subtotal
Course Improvements
Drainage and Erosion Improvements
Facility Equipment
Facility Improvements
Golf Course Subtotal
CED: Sedan Compact Hybrid
Environmental Management: SUV Hybrid
Fire: SUV Intermediate
Fire: Engine Truck
HNS: Pickup Truck Compact
Parks: Chipper
Parks: Pickup Truck 3/4
Parks: Pickup Truck Compact
Parks: Stumpcut Large
Parks: Tractor
Parks: Trailer
Parks: Truck 1T Flatbed
Parks: Truck 1T Utility
P~rks: Truck 3/4 Utility
Parks: Truck Aerial Large
Parks: Truck Turf
Police: 2012 KTM 500 Exe .
Police: Motorcycle Full Size BMW
Police: Sedan Compact Hybrid
Police: Sedan
Police: SUV
Police: Truck Pickup 1/2 T Gas Gen Use Norm Pm 4
Police: Van Mini
Public Works: Truck Compact
Public Works: Concrete SAW
Public Works: Truck 1 T Dump
Public Works: Truck 1/2 T Utility
Public Works: SUV
Recreation: Bus Large
Utilities: Backhoe
Utilities: Pickup Truck 3/4 Ton
Utilities: Pickup Truck Compact
Utilities: Sedan Compact Hybrid
Utilities: Trailer Jetter
Fleet Replacement Subtotal
Citywide Infrastructure Replacement
VPN/ Firewall Gateway
_ Information Technology Subtotal
Grand Total Major Capital Outlay
'Major Capital Outlay anly includes items of $10,000 or greater.
1-1 City of Carlsbad
2019-20 Operating Budget
Attachment B
Quantity One-Time Cost
5 240,650
2 68,845
309,495
1 125,000
125,000
1 415,000
415,000
2 74,000
1 59,000
133,000
1 375,000
1 134,000
1 58,000
1 232,000
375,000
1 33,632
1 33,663
1 85,771
1 810,000
1 33,000
1 47,000
1 47,768
1 33,000
1 70,000
2 -106,199
3 39,203
2 95,537
2 132,613
2 92,268
1 140,482
1 21,546
2 38,887
5 185,000
1 33,968
14 914,000
5 342,000
1 42,000
1 44,000
2 63,810
1 22,292
1 69,000
1 46,000
2 70,000
1 79,614
1 115,000
1 52,000
2 66,000
1 33,000
1 69,530
65 4,107,783
2 66,500
1 39,534
106,034
5,783,312