This chapter shall be known and may be cited and referred to
as the "Purchasing Ordinance of the City of Carlsbad."
(Ord. CS-002 § 2, 2008)
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 persons involved
in the purchasing process, to obtain the highest possible value in
exchange for public funds and to safeguard the quality and integrity
of the purchasing system.
(Ord. CS-002 § 2, 2008)
For the purposes of this chapter, the following definitions
apply:
means the entity who has the power to legally assign work,
accept bids and bind the city to a contract.
means the best value to the city based on all factors that
may include the following:
Cost;
The ability, capacity and skill of a contractor to perform a
contract or provide the supplies, services or equipment required;
The ability of a contractor to provide the supplies, services
or equipment promptly or within the time specified without delay or
interferences;
The character, integrity, reputation, judgment, experience and
efficiency of a contractor;
The quality of a contractor's performance on previous purchases/services
with the city; and
The ability of a contractor to provide future maintenance, repairs,
parts and services for the use of the goods and services purchased.
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.
means fixed asset equipment with a monetary value that meets
or exceeds an amount established by the Finance Director.
means the Director of Public Works or the Deputy City Manager
of the public works branch of the City of Carlsbad.
has the same meaning as set forth in Carlsbad Municipal Code Section 10.08.060, as it may be amended from time to time.
means those public projects defined in California Public
Contract Code Section 22002(c).
is synonymous to "agreement" and, regardless of which term
is used, it means an agreement between the city and one or more other
parties for the purchase or disposition of goods, services, professional
services, and/or construction projects.
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.
means the City of Carlsbad and includes, any city department/division
requesting goods, services, professional services, and/or construction
projects.
means equipment of a permanent nature that has a useful life
of more than one year and meets or exceeds a monetary value established
by the Finance Director.
means articles or items that are moveable at the time of
sale, including, but not limited to, equipment, supplies and/or materials.
means the acquisition of goods, services, professional services,
or construction projects by the city, including, but not limited to,
purchasing, renting or leasing, and all functions and procedures pertaining
to such acquisitions.
means the procurement of services that involve the exercise
of professional discretion and independent judgment based on advanced
or specialized knowledge, expertise or training gained by formal study
or experience. Such professional services include, but are not limited
to, services provided by appraisers, architects, engineers, instructors,
insurance advisors, physicians and/or other specialized consultants.
Professional services includes, but is not limited to, those professionals
as defined in California Government Code Section 4526. Professional
services does not include attorney/legal services.
means the person(s) responsible for the procurement of goods,
services, professional services, and/or construction projects in accordance
with the provisions of this chapter. The person(s) designated, in
writing, by the City Manager as the purchasing officer of the city,
or an individual specifically authorized by the purchasing officer
to act on his or her behalf.
means a bidder determined by the awarding authority:
To have the ability, capacity, experience and skill to provide
the goods, services, professional services, and/or construction projects
in accordance with bid specifications, and if applicable;
To have the ability to provide the goods, services, professional
services, and/or construction projects promptly, or within the time
specified, and if applicable;
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;
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;
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.
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.
means work performed, or labor, time and effort expended,
by the contractor.
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.
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.).
means Uniform Public Construction Cost Accounting Act. (California
Public Contract Code Section 22000, et seq.)
(Ord. CS-002 § 2, 2008; Ord. CS-361 § 2, 2019)
A.
End
User. The end user shall:
1.
Identify
its procurement needs and the availability of funding;
2.
Submit
to the purchasing officer specifications for the required goods, services,
professional services, and/or construction projects;
3.
Participate
in the evaluation of bids and proposals; and
4.
Inspect
goods delivered, services performed, professional services rendered,
and/or construction projects to determine conformity with the requirements
set forth in the bid or proposal documents and with contractual obligations,
and authorize payments for conforming goods, services, professional
services, and/or construction projects.
B.
Purchasing
Officer. The purchasing officer shall be responsible for the procurement
of goods, services, professional services, and/or construction projects
for the city in accordance with the provisions of this chapter. Except
as provided for herein, no procurement shall be made contrary to the
provisions of this chapter. Any agreement or contract for the purchase
of goods, services, professional services, and/or construction projects
made contrary to the provisions of this chapter shall be void and
any claim or demand against the city based thereon shall be invalid.
The purchasing officer shall:
1.
Prepare
and recommend to the City Manager operational procedures and forms
for the procurement of goods, services, professional services, and/or
construction projects in cooperation with the end users and for the
disposal of surplus personal property;
2.
Procure
or supervise the procurement of all goods, services, professional
services, and/or construction projects needed in coordination with
end users;
3.
Process
the contracts awarded administratively and/or by City Council;
4.
Whenever
possible, establish standardized specifications and consolidation
of requirements for goods and/or services required by two or more
end users; and
5.
Sell
or otherwise dispose of surplus personal property, and lost and unclaimed
property held by the city's police department.
C.
City
Manager. The City Manager shall be the awarding authority for:
1.
All
procurement of goods for which the cost to the city is $100,000.00
or less;
2.
All
contracts for services and professional services of $100,000.00 or
less per agreement year;
3.
All
construction project contracts less than the formal bidding threshold
established by the UPCCAA;
4.
Any
change order, amendment or extension to an existing contract which
when added to the contract amount, including prior change orders,
is within the authority granted in subsections (C)(1) through (C)(3)
above;
5.
Any
construction project change order up to the dollar amount equal to
the contingency amount set when the underlying contract was awarded;
6.
Any
construction project change order in which the total amount of the
original contract and all amendments and change orders are less than
the formal bidding threshold established by the UPCCAA;
7.
Any
change order or amendment to a non-construction project contract awarded
by the City Council in an amount up to 25% of the original contract
amount, including the total of all amendments and change orders, up
to a limit of $100,000.00 per agreement year;
8.
Any
extensions to a contract awarded by the City Council as delegated
in the contract or the approving resolution;
9.
The
City Manager shall approve alternate procurement methods, if appropriate,
for use on an experimental basis, and recommend to the City Council
additions, deletions or modifications to the city's procurement methods;
10.
The City Manager shall have the authority to delegate the awarding
of contracts, amendments and change orders for goods, services, professional
services, and/or construction projects as set forth in this chapter
by memorandum or by administrative order;
11.
Each month the City Manager shall send to the City Council a report
of all contracts that have been awarded over the formal bidding requirement.
D.
City
Council. The City Council shall be the awarding authority for:
E.
City
Attorney. The City Attorney shall be the awarding authority for the
procurement of legal services, regardless of the dollar amount, up
to the amount of appropriations available.
(Ord. CS-002 § 2, 2008)
A.
Small
Procurements. Procurements of goods where the total cost of goods
are $30,000.00 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 subsection (C)(1) of this section. 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 subsection
(C)(1) herein; or
b.
When no bids are received pursuant to the formal bid procedures established;
or
c.
When all bids received substantially exceed the city's estimated
costs, as determined by the purchasing officer through the formal
bidding procedure.
d.
The City Council may designate types or classes of procurements costing
more than the dollar amount established for formal bidding in subsection
(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.
2.
The
informal bidding procedure shall be as follows:
a.
Bids shall be obtained by written or oral request.
b.
When possible, a minimum of three bidders should be solicited.
c.
Best value criteria, if used, must be determined before bids/quotes
are published or distributed to potential bidders/suppliers.
d.
Responses shall be in writing, and may be transmitted by facsimile,
by mail, electronically over the Internet, or by any other means of
delivery as described in the bid documents.
e.
The award shall be based on best value to the city or the lowest
bid submitted by a responsive bidder, as determined by the purchasing
officer, and shall be awarded by the City Manager.
C.
Formal
Bidding for Goods.
1.
Formal
bidding procedures shall be utilized when the anticipated cost of
the goods is greater than $30,000.00 per agreement year. The bid limit
shall be reviewed annually and adjusted in response to the San Diego—All
Urban Consumers Consumer Price Index. The purchasing officer shall
calculate the effect of the cumulative change in the index to $30,000.00
beginning in fiscal year 2009. Adjustment to the bid limit will be
made in $5,000.00 increments whenever the calculated value exceeds
a previously set bid limit by more than $2,500.00. The bid limit adjustment
will be made effective at the beginning of a fiscal year by memorandum
from the purchasing officer.
2.
Procurement
requirements shall not be divided so as to avoid the formal bidding
requirements.
3.
The
formal bidding procedures shall be as follows:
a.
The purchasing officer, or designee, shall issue a notice inviting
bids using one or more methods designed to provide reasonable public
notice in a manner which will permit current information to be disseminated
widely. The notice shall include:
i.
Instruction to bidders;
ii.
Specifications describing the required goods;
iii.
Bid forms and schedules;
iv.
Any required bond forms;
v.
General contract provisions;
vi.
The time on or before which bids will be received;
vii.
Where and with whom bids shall be filed;
viii.
The date, time and place where and when bids will be publicly
opened;
ix.
Statement of bidders exceptions.
b.
The sealed formal bids shall be received by the purchasing officer,
or 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 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 designee, shall submit written notification to the bidder
whose bid was received after the deadline stating what the deadline
was, when the bid was actually 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 requirements as specified
in the solicitation documents, the purchasing officer may reissue
the solicitation using the informal bidding procedures, negotiate
a contract based upon the solicitation, without further complying
with this section or the city may cease the procurement.
5.
If
two or more bids are received with the same total amount or unit price,
quality and service being equal, and if the public interest will not
permit the delay of re-advertising for bids, the City Council, or
the City Manager if the procurement is under $100,000.00, may exercise
sound discretion and accept the bid it chooses.
6.
In
considering formal bids for goods, the awarding authority may waive
minor defects or irregularities, provided that the irregularities
do not affect the bid amount or give a particular bidder an advantage
over others.
7.
All
bids shall be deemed rejected if no City Council or City Manager action
is taken on the bids or proposals within 90 days after the bids have
been received and opened, unless bidders agree to extend a bid's effective
date upon request by the city.
D.
Additional
Responsibilities and Authorities.
1.
The
city shall have the authority to require a performance bond in such
amount as it finds reasonably necessary to protect the best interests
of the city consistent with applicable law. If the city requires a
performance bond, the amount of the bond shall be described in the
notice inviting bids and bid proposal documents.
2.
All
contracts may be awarded based on the best value for the city. Best
value criteria, if used, must be determined before bids/quotes are
published or distributed to potential bidders/suppliers.
3.
The
City Manager shall be the awarding authority for procurement of goods
for which the cost to the city is $100,000.00 per agreement year or
less.
4.
The
City Council shall be the awarding authority for procurement of goods
for which the cost to the city is more than $100,000.00 per agreement
year and have not been previously approved as capital outlay items
in the budget process.
E.
The
city's goods procurement practice prohibits unlawful activity, including,
but not limited to, rebates, kickbacks, or other unlawful consideration.
No city employee shall participate in the selection process if that
employee has a relationship with a person or business entity seeking
a contract with the city that would subject that employee to the prohibition
of Government Code Section 87100. (Conflicts of Interest).
(Ord. CS-002 § 2, 2008; Ord. CS-307 §§ 3—5,
2016)
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 competence, and on a fair and reasonable
price consistent with Government Code Section 4526.
2.
Procurements
of professional services where the total cost of services are $30,000.00
or less per agreement year shall be made using simplified and cost
effective operational procedures and forms approved by the City Manager.
If the cost of needed professional services is expected to exceed
$30,000.00 per agreement year, at least three proposals should be
solicited for the professional service needed whenever possible. The
purchasing officer may waive the requirements for solicitation of
multiple proposals if only one individual or firm can reasonably provide
the professional services, and it is in the best interest of the city
to waive the requirement.
B.
Small
Procurements of Services. Procurements of services where the total
cost of services are $30,000.00 or less in any one transaction, shall
be made using simplified and cost effective operational procedures
approved by the City Manager and forms approved by the City Manager.
The use of formal or informal bids is not required, but is considered
the best management practice. The small procurement limit shall be
reviewed and adjusted annually per the procedures set forth in Section
3.28.050(C)(1). Procurement of services requirements shall not be
divided so as to constitute several small procurements under this
subsection.
C.
Informal
Bidding for Services.
1.
Informal
bidding procedure, as set forth in Section 3.28.050(B)(2) may be utilized:
a.
When no bids are received pursuant to the formal bid procedures established;
or
b.
The City Council may designate types or classes of procurements costing
more than the dollar amount established for formal bidding in subsection
(D)(1) herein; which may be purchased through the use of informal
bidding procedures whenever the City Council finds that use of the
informal bidding procedure is advantageous to the city consistent
with applicable law.
D.
Formal
Bidding for Services.
1.
Formal
bidding procedures shall be utilized when the anticipated cost of
the services is greater than $30,000.00 per agreement year. The bid
limit shall be reviewed annually and adjusted in response to the San
Diego—All Urban Consumers Consumer Price Index. The purchasing
officer shall calculate the effect of the cumulative change in the
index to $30,000.00 beginning in fiscal year 2009. Adjustment to the
bid limit will be made in $5,000 increments whenever the calculated
value exceeds a previously set bid limit by more than $2,500.00. The
bid limit adjustment will be made effective at the beginning of a
fiscal year by memorandum from the purchasing officer.
2.
Procurement
requirements shall not be divided so as to avoid the formal bidding
requirements.
3.
The formal bidding procedures and requirements shall be as set forth in Section 3.28.050(C) and (D).
4.
The
City Manager shall be the awarding authority for procurement of services
and professional services for which the cost to the city is $100,000.00
or less per agreement year.
5.
The
City Council shall be the awarding authority for procurement of services
and professional services for which the cost to the city is more than
$100,000.00 per agreement year.
E.
The
city's services and professional services procurement practice prohibits
unlawful activity including, but not limited to, rebates, kickbacks,
or other unlawful consideration. No city employee shall participate
in the selection process if that employee has a relationship with
a person or business entity seeking a contract with the city that
would subject that employee to the prohibition of Government Code
Section 87100. (Conflicts of Interest).
(Ord. CS-002 § 2, 2008; Ord. CS-307 §§ 6, 7, 2016)
A.
The purchasing officer may authorize the solicitation of services and/or professional services other than those listed in Section 3.28.060, and the purchase of highly specialized goods by competitive negotiations when:
1.
The
cost of the goods, services and/or professional services is greater
than the dollar amount established for formal bidding in Section 3.28.050(C)(1)
and Section 3.28.060(D)(1); and
2.
The
goods are such that suitable technical or performance specifications
are not readily available; or
3.
The
city is not able to develop descriptive specifications; or
4.
Requesting
proposals for the particular service or goods to be procured would
be more advantageous to the city.
B.
Whenever
possible, at least three proposals shall be received and the award
will be based on the proposal that is determined to be most advantageous
to the city, taking into consideration price and the evaluation criteria
set forth in the request for proposal. Competitive negotiations are
not intended to be used for the purpose of avoiding the bidding procedure
set forth in this chapter.
C.
The
City Manager or designee shall award contracts for goods and/or services
less than $100,000.00 per agreement year.
D.
The
City Council shall award contracts for goods and/or services over
$100,000.00 per agreement year.
(Ord. CS-002 § 2, 2008)
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 the city. Contracts for construction projects shall also be governed by the current edition of the standard specifications for public works construction and the latest supplement thereto, adopted by the Greenbook Committee of the Public Works Standards, Inc., except as otherwise provided by the City Council or the City Manager if the contract is within his or her authority.
A.
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.
B.
Construction
projects less than the amount specified in Section 22032(b) of the
California Public Contract Code may be let to contract by informal
procedures set forth in this section.
C.
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.
D.
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.
E.
The
City Council shall adopt plans and specifications for all construction
projects to be formally bid when the value exceeds the limits established
by the UPCCAA.
F.
The city Traffic Engineer, or another professional civil engineer licensed by the State of California that is designated by City Council resolution, shall review and approve plans and specifications for all traffic control devices included in construction projects not adopted by City Council pursuant to subsection E of this section.
G.
The city Director of Public Works, or another professional civil engineer licensed by the State of California that is designated by City Council resolution, shall review and approve plans and specifications for all construction projects not adopted by City Council pursuant to subsection E of this section, except for plans and specifications reviewed and approved pursuant to subsection F of this section.
H.
The
informal bidding for construction projects procedures shall include
the following procedures:
1.
The
purchasing officer or designee shall develop a list of qualified contractors
eligible to submit bids on informal contracts awarded by the city.
The list shall be organized in accordance with the license classifications
of the contractor's state license board.
2.
The
purchasing officer or designee shall mail notice inviting informal
bids to all contractors on the list of qualified contractors and construction
trade journals not less than 10 calendar days before bids are due.
3.
The
notice inviting informal bids shall describe the project in general
terms, how to obtain more detailed information about the project,
the time, date and place for the submission of bids, and whether or
not the project will require the payment of prevailing wages.
4.
When
the awarding authority deems feasible, bid documents may be transmitted
and/or received over the internet.
5.
The
awarding authority may in its sole discretion reject any or all bids
presented and waive any minor irregularity or informality in such
bids. The contract shall be awarded to the lowest responsive, responsible
bidder. If no bids are received through the informal procedure, the
project may be performed by city employees, by force account or negotiated
contract without further complying with this section.
6.
The
City Manager or designee shall award all informal contracts.
I.
The
formal bidding procedures for construction projects shall include
the following:
1.
The
purchasing officer, or delegate, shall mail notice inviting formal
bids for construction projects to construction trade journals at least
15 calendar days before the bid opening date. The notice inviting
formal bids shall be published at least 14 calendar days before the
bid opening date in a newspaper of general circulation in the city.
In addition to the newspaper, the notice inviting formal bids may
be advertised in any manner which will permit the information to be
widely disseminated.
2.
When
the awarding authority deems feasible, bid documents may be transmitted
and/or received over the internet.
3.
The
awarding authority may waive any minor irregularity or informality
in such bids or may, in its sole discretion, reject all bids presented.
4.
The
contract shall be awarded to the lowest responsive, responsible bidder.
5.
If
no bids are received through the formal procedure, the project may
be performed by city employees, by force account or negotiated contract
without further complying with this section.
6.
The
City Council shall award all formal contracts.
(Ord. CS-002 § 2, 2008; Ord. CS-307 § 8, 2016; Ord. CS-361 § 3, 2019)
Section 100 of the Charter of the City of Carlsbad provides that the City Council shall have full power and authority to adopt laws with respect to municipal affairs. Section 404 provides that the City Council shall have the power to establish procedures and regulations for contracts for the construction of public improvements. As an alternative to the bidding process set forth in this chapter and the California Public Contract Code, and when recommended by the City Manager in writing, there is hereby established a design build procurement and contracting approach.
A.
Purpose
and Intent. The purpose of this section is to provide definitions
and guidelines for the award, use, and evaluation of design-build
contracts.
B.
"Design-build"
"Design-build entity"
"Design-build entity member"
Definitions.
For the purposes of this section, the following definitions apply:
means a public works contract procurement method in which
both the design and construction of a project are procured from a
single entity.
means a natural person, partnership, joint venture, corporation,
business association or other legal entity that is able to provide
appropriately licensed contracting, architectural, and engineering
services as needed.
includes any person who provides licensed contracting, architectural,
or engineering services.
C.
Design-Build
Procurement. For purposes of this section only, prior to procuring
a design-build public works contract, the city shall prepare a request
for proposal setting forth the scope of the project that may include,
but is not limited to, the size, type, and desired design character
of the buildings and site, and performance specifications. The performance
specifications shall describe the quality of materials, equipment,
and workmanship, preliminary plans or building layouts and other information
deemed necessary to adequately describe the city's needs. The performance
specifications shall be prepared by a design professional who is duly
licensed and registered in California.
D.
Competitive
Prequalification and Selection Process. The city may establish a competitive
prequalification and selection process for design-build entities that
specifies the prequalification criteria, as well as recommends the
manner in which the winning entity will be selected.
E.
Prequalification
Criteria. Prequalification may be limited to consideration of all
or any of the following criteria supplied by a design-build entity:
1.
Possession
of all required licenses, registration, and credentials in good standing
that are required to design and construct the project.
2.
Submission
of documentation establishing that the design-build entity members
have completed, or demonstrated the capability to complete, projects
of similar size, scope, building type, or complexity, and that proposed
key personnel have sufficient experience and training to competently
manage and complete the design and construction of the project.
3.
If
the design-build entity is a partnership, limited partnership, joint
venture or other association, a listing of all of the partners, general
partners, or association members known at the time of bid submission
who will participate in the design-build contract.
4.
Submission
of a proposed project management plan establishing that the design-build
entity has the experience, competence, and capacity needed to effectively
complete the project.
5.
Submission
of evidence establishing that the design-build entity has the capacity
to obtain all required payment and performance bonding, liability
insurance, and errors and omissions insurance, as well as a financial
statement assuring the city that the design-build entity has the capacity
to complete the project.
6.
Information
concerning the bankruptcy or receivership of any member of the design-build
entity, including information concerning any work completed by a surety.
7.
Information
concerning any debarment, disqualification, or removal of the design-build
entity from a federal, state, or local government public works project.
Any instance in which the design-build entity or any member submitted
a bid on a public works project and were found to be non-responsive,
or were found by the awarding body not to be a responsible member.
8.
Provision
of a declaration providing detail for the past five years concerning
all of the following:
a.
Civil or criminal violations of the Occupational Safety and Health
Act against any member of the design-build entity.
b.
Civil or criminal violations of the contractors' state license law
against any member of the design-build entity.
c.
Any conviction of any member of the design-build entity of submitting
a false or fraudulent claim to a public agency.
d.
Civil or criminal violations of federal or state law governing the
payment of wages, benefits, or personal income tax withholding, or
of Federal Insurance Contributions Act (FICA) withholding requirements,
state disability insurance withholding, or unemployment insurance
payment requirements against any member of the design-build entity.
For purposes of this subsection only, violations by a design-build
entity member, as an employer shall be deemed applicable, unless it
is shown that the design-build entity member, in his or her capacity
as an employer, had knowledge of a subcontractor's violations or failed
to comply with the conditions set forth in Section 1775(b) of the
State Labor Code.
e.
Civil or criminal violations of federal or state law against any
design-build entity member governing equal opportunity employment,
contracting or subcontracting.
f.
Information concerning all settled adverse claims, disputes, or lawsuits
between the owner of a public works project and any member of the
design-build entity in which the claim, settlement, or judgment exceeds
$50,000.00.
9.
The information required pursuant to this subdivision shall be verified under oath by the entity and its members in the manner in which civil pleadings in civil actions are verified. Information that is not a public record pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall not be open to public inspection.
F.
Selection
Method. The awarding authority shall select one of the following methods
as the process to be used for the selection of the winning entity:
1.
A
design-build competition based on performance, specifications, and
criteria set forth by the awarding authority in the request for proposals.
a.
Criteria used in this form of evaluation of proposals may include,
but not be limited to, items such as proposed design approach, initial
and/or life-cycle costs, project features, financing, quality, capacity,
schedule, and operational and functional performance of the facility.
However, any criteria and methods used to evaluate proposals shall
be limited to those contained in the request for design-build proposals.
b.
Any architectural firms, engineering firms, specialty consultants,
or individuals retained by the city to assist in the development of
criteria or preparation of the request for proposals shall not be
eligible to participate in the competition with any design-build entity.
c.
Award shall be made to the design-build entity whose proposal is
judged as providing best value meeting the interests of the city and
meeting the objectives of the project.
2.
A
design-build competition based on program requirements, performance
specifications, and a preliminary design or combination thereof set
forth by the awarding authority in the request for proposals. Limited
drawings and specifications detailing the requirements of the project
may accompany the request for proposals.
a.
The awarding authority shall establish technical criteria and methodology,
including price, to evaluate proposals and shall describe the criteria
and methodology of evaluation and selection in the request for design-build
proposals.
b.
Any architectural firms, engineering firms, specialty consultants,
or individuals retained by the city to assist in the preparation of
the preliminary design or request for proposals shall not be eligible
to participate in the competition with any design-build entity.
c.
Award shall be made to the design-build entity on the basis of the
technical criteria and methodology, including price, whose proposal
is judged as providing best value in meeting the interests of the
city and meeting the objectives of the project.
3.
A
design-build competition based on program requirements and a detailed
scope of work, including any preliminary design drawings and specifications
set forth by the awarding authority in the request for proposals.
a.
Any architectural firms, engineering firms, specialty consultants,
or individuals retained by the city to assist in the preparation of
the preliminary design or request for proposals shall not be eligible
to participate in the competition with any design-build entity.
b.
Award shall be made on the basis of the lowest responsible and reliable
bid.
G.
Work
Listing. The city recognizes that the design-build entity is charged
with performing both design and construction. Because a design-build
contract may be awarded prior to the completion of the design, it
is often impracticable for the design-build entity to list all subcontractors
at the time of the award.
1.
It
is the intent of the city to establish a clear process for the selection
and award of subcontracts entered into pursuant to this division in
a manner that retains protection for subcontractors while enabling
design-build project to be administered in an efficient fashion.
2.
All
of the following requirements shall apply to subcontractors, licensed
by the state, that are employed on design-build projects undertaken
pursuant to this section.
a.
The design-build entity in each design-build proposal shall specify
the construction trades or types of subcontractors that may be named
as members of the design-build entity at the time of award. In selecting
the trades that may be identified as members of the design-build entity,
the design-build entity shall identify the trades deemed essential
in the design considerations of the project. All subcontractors that
are listed at the time of award shall be afforded the protection of
all applicable laws.
b.
All subcontracts that were not listed by the design-build entity
at the time of award in accordance with subsection (G)(2)(a) shall
be performed and awarded by the design-build entity, in accordance
with a bidding process set forth in the request for proposals.
(Ord. CS-046 § 1, 2009)
Section 100 of the Charter of the City of Carlsbad provides that the City Council shall have full power and authority to adopt laws with respect to municipal affairs. Section 404 provides that the City Council shall have the power to establish procedures and regulations for contracts for the construction of public improvements. As an alternative to the bidding process set forth in this chapter and the California Public Contract Code, and when recommended by the City Manager in writing, there is hereby established a job order procurement and contracting approach.
A.
Purpose
and Intent. The purpose of this section is to provide definitions
and guidelines for the award, use, and evaluation of job order contracts.
B.
"Job order contract"
"Task order"
Definitions.
For the purposes of this section, the following definitions apply:
means a construction contract for minor or recurring construction
tasks, including repair, with a firm, fixed price, and indefinite
quantity awarded on a unit price basis for all necessary labor, materials,
and equipment.
means an authorization to perform construction work under
a job order contract.
C.
Job
Order Procurement.
1.
Except as specifically set forth in this section, job order contracts are subject to Section 3.28.080.
2.
Job
order contracts shall have a term no longer than five years, including
all modifications.
3.
The
advertisement for bids and specifications shall contain a maximum
dollar amount of the job order contract not to exceed $1,000,000.00.
Any cumulative change orders to a job order contract shall not result
in a contract exceeding $1,000,000.00.
4.
The
advertisement for bids and specifications shall include unit prices
and detailed technical specifications for each construction task to
be performed under the job order contract.
5.
Contractors
submitting bids on a job order contract shall state in their bids
an adjustment on a percentage basis either increasing or decreasing
the unit prices for all construction tasks set forth in the bid documents.
D.
Issuance
of Task Orders.
1.
Each
task order shall include a detailed scope of work and time certain
for completion of work. The task order price shall be no more than
the sum of the applicable unit prices with the bid adjustment factor.
2.
The City Manager or designee shall have authority to issue task orders less than the dollar amount specified in Section 3.28.080(B).
(Ord. CS-307 § 2, 2016)
A.
No amendment
to an agreement or contract shall be made without the issuance of
a written change order or amendment, and no payment for any such change
or amendment shall be made unless a written change order or amendment
has first been approved and executed in accordance with this section
designating in advance the work to be done and the amount of additional
compensation to be paid.
B.
The
City Council may by resolution authorize the City Manager or designee
to approve change orders on a project to an amount it determines appropriate
for a large, complex project.
(Ord. CS-002 § 2, 2008; Ord. CS-307 § 9, 2016)
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 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 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.
(Ord. CS-002 § 2, 2008)
The following procurements, contracts or transactions are exempted,
as determined by the awarding authority, from the provisions of this
chapter:
A.
Emergency
procurements for construction, goods or services;
B.
Goods,
services and/or professional services that can be reasonably obtained
from only a single source;
C.
Items
required matching or being compatible with other goods, furnishings,
materials or equipment previously purchased by the city;
D.
Goods,
furnishings, types of materials or equipment that have been standardized
for the city by the City Manager or by the City Council;
E.
Utility
services and related charges;
F.
Goods,
services and/or professional services obtained from or through agreement
with any governmental, public or quasi-public agency;
G.
Real
property leases or purchases and related title and escrow fees;
H.
Insurance
and bonds;
I.
Advertising
in magazines, newspapers or other media;
J.
Works
of art, entertainment or performers;
K.
Library
collection materials or services or other books or periodicals;
L.
Membership
dues, conventions, training, travel arrangements including hotels,
car rentals and airfare;
M.
Surplus
personal property owned by another government, public or quasi-public
entity;
N.
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.
(Ord. CS-002 § 2, 2008)
In cases of emergency, as determined by the City Council, including,
but not limited to, states of emergency defined in Government Code
Section 8558, as may be amended from time to time, when repair or
replacements are necessary to permit the continued conduct of the
operation or services of a public agency or to avoid danger to life
or property, the City Manager may then proceed at once to replace
or repair any public facility or infrastructure and/or procure the
necessary goods and/or services adopting the plans, specifications,
or working details giving notice of bids to let contracts. Emergency
work may be completed by day labor under the direction of the City
Manager, or by contractor, or a combination of the two. The City Manager
is delegated the power to declare a public emergency subject to confirmation
by the City Council, by a four-fifths vote at its next regular meeting
following the City Manager declaring a public emergency.
(Ord. CS-002 § 2, 2008)
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 jurisdiction, the decision will
not affect the validity of the remaining portions of this chapter.
The City Council declares that it would have passed the ordinance
codified in this chapter and each section, subsection, sentence, clause
or phrase contained in it irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases are declared
invalid or unconstitutional.
(Ord. CS-002 § 2, 2008)
