Chapter 10-1 — PURCHASES

It is the policy of the city to obtain the quality and quantity of products and services required for the performance of city governmental functions at the lowest possible cost.

The city policy is to support the economic endeavors of businesses based in Lafayette. Therefore in obtaining goods, supplies, equipment, and services, the city shall make every effort to purchase from Lafayette based businesses when the needed goods, supplies, equipment, and services are available locally. Where informal or formal bidding procedures are required, preference shall be given to Lafayette based businesses when awarding a contract, all factors of the bids being equal.

(Ord. 479 § 1 (part), 1997)

The city manager, or the city manager's designee, is the purchasing agent, with the authority and the responsibility to:

(a)

Carry out the purchasing policy of the city;

(b)

Prepare or revise, in cooperation with each department, written standard specifications for purchases of goods, supplies, equipment, and services;

(c)

Purchase or contract for goods, supplies, equipment, and services required by city departments according to these purchasing procedures and such administrative regulations as the city manager shall prescribe;

(d)

Obtain as full and open a competition as possible when purchasing or contracting for goods, supplies, equipment, and services;

(e)

Keep informed of current developments in the field of purchasing, prices, contracting for goods, supplies, equipment, and services;

(f)

Ensure the inspection of all supplies and equipment purchases to guarantee quality and conformance with city specifications;

(g)

Recommend the transfer of unused supplies and equipment between departments as needed;

(h)

Sell supplies and equipment that cannot be used by any department or that have become unsuitable for city use;

(i)

Maintain a contractor list in accordance with Section 10-103(d) and necessary records for the efficient operation of the purchasing function.

(Ord. 479 § 1 (part), 1997)

(Ord. No. 666, § 1, 3-27-2017)

(a)

Definitions. For the purposes of this section the following words and phrases shall have the following meanings:

(1)

"Commission" means the California Uniform Construction Cost Accounting Commission.

(2)

"Act" means the Uniform Public Construction Cost Accounting Act (California Public Contracts Code Section 22000 et seq.).

(3)

"Public project" means any of the following:

(A)

Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any city owned, leased or operated facility;

(B)

Painting or repainting of any city owned, leased, or operated facility;

(C)

In the case of a city owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 250,000 volts and higher.

(4)

"Public project" does not include maintenance work. "Maintenance work" includes all of the following:

(A)

Routine, recurring and usual work for the preservation or protection of any city owned or city operated facility for its intended purposes;

(B)

Minor repainting;

(C)

Resurfacing of streets and highways at less than one inch;

(D)

Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; or

(E)

Work performed to keep, operate, and maintain city owned water, power, stormwater or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants and electrical transmission lines of 230,000 volts and higher.

(5)

"Facility" means any plant, building, structure, ground facility, utility system, subject to the limitation of subsection (a)(4), real property, streets and highways, or other public work of improvement.

(b)

Informal Bid Procedures; Force Account, Negotiated Contract, Purchase Order. Public projects that do not exceed the applicable dollar amount limitations under Section 22032 of the Act may be performed by force account or let by negotiated contract, purchase order or the informal bidding provisions of this Ordinance, as applicable.

(c)

Formal Bid Procedures. Public projects that are required to be let by formal bidding procedures under the Act must be let to the lowest responsive and responsible bidder after posting of notice inviting formal bids as specified in subsection (f) below.

(1)

The formal competitive bidding procedure shall comply with all aspects of state and local law governing formal competitive bidding, including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, resolutions of the city council as may be adopted from time to time, and policies and procedures as the purchasing agent may approve from time to time.

(2)

The city may, in its sole and absolute discretion, reject any or all bids presented, and may waive any minor irregularities in each bid received.

(d)

Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Act and criteria promulgated from time to time by the commission.

(e)

Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the informal bidding provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the

category of work to be bid, as shown on the list developed in accordance with subsection (d) above, and to all construction trade journals as specified by the commission in accordance with Section 22036 of the Act. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:

(1)

If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

(2)

If the product of service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(f)

Notice Inviting Formal Bids. The notice inviting formal bids shall comply with Section 22037 of the Act. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city; or, if there is no newspaper printed and published within the jurisdiction of the public agency, in a newspaper of general circulation which is circulated within the city. The notice inviting formal bids shall also be mailed to all construction trade journals specified in Section 22036 of the Act. The notice shall be mailed at least 15 calendar days before the date of opening the bids. In addition to notice required by this section, the city may give such other notice as it deems proper.

(g)

Award of Informal Contracts. The purchasing agent is authorized to award informal contracts pursuant to this section.

(h)

Award of Formal Contracts. Formal contracts shall be awarded by the city council.

(i)

Approval of Plans and Designs. The city engineer, or the city engineer's designee, is authorized to approve plans and designs, and all amendments and addenda thereto, for performance of a public project of the city.

(Ord. No. 625, § 1, 11-12-2013)

Editor's note— Ord. No. 625, § 1, adopted November 12, 2013, amended § 10-103 in its entirety to read as herein set out. Former § 10-103, pertained to bid procedure for obtaining goods, supplies, equipment, and services, and derived from Ord. No. 479, 1997.

(a)

Maintenance Work. Contracts for maintenance work, as defined in Section 10-103(a)(4), and all working details, drawings, plans and specifications prepared for maintenance work contracts shall be reviewed and approved by the city public works director, or his or her designee. Contracts for maintenance work shall be awarded in accordance with the city's administrative purchasing regulations as they may be amended from time to time by the city council.

(b)

Materials, Supplies and Equipment. Materials, supplies and equipment required by any city department for its daily operation and use may be purchased in accordance with the city's administrative purchasing regulations as they may be amended from time to time by the city council.

(Ord. No. 625, § 2, 11-12-2013; Ord. No. 666, § 2, 3-27-2017)

Editor's note— Ord. No. 625, § 2, adopted November 12, 2013, amended § 10-104 in its entirety to read as herein set out. Former § 10-104, pertained to bidding and contracting for municipal improvement projects, and derived from Ord. No. 479, 1997.

The bidding requirements under this chapter need not be observed if any of the conditions set forth in the city's administrative purchasing regulations are met.

(Ord. 479 § 1 (part), 1997)

(Ord. No. 625, § 3, 11-12-2013; Ord. No. 666, § 3, 3-27-2017)

(a)

Professional services are advisory, consulting, architectural, engineering, computer, data processing, telecommunications, legal, financial, surveying or any service which involves the exercise of professional discretion or independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience.

(b)

Contracts for professional services shall be made in accordance with the city's administrative purchasing regulations as they may be amended from time to time by the city council.

(Ord. 479 § 1 (part), 1997)

(Ord. No. 666, § 4, 3-27-2017)

Each department head shall submit to the purchasing agent, at such a time and in such a form as prescribed by the purchasing agent, reports showing supplies and equipment which are no longer used or which have become obsolete or worn out.

The city council may declare such property as surplus. The purchasing agent, with the city manager' s approval, may sell surplus property, or exchange or trade it in on new supplies and equipment. The sale of surplus property shall be made by the most effective method, such as formal sealed bid, informal bid, negotiation, or public auction. The city council may alternatively direct the donation of surplus property provided that such donation is supported by appropriate findings.

If surplus property is offered at public auction, any person, including a city employee, may make an offer of purchase. However, no city employee may purchase surplus city property by means other than a public auction. Neither the purchasing agent or a department head conducting such a sale of surplus property may be a purchaser. Proceeds from the sale of surplus property shall be deposited in the general fund.

(Ord. 479 § 1 (part), 1997)

(Ord. No. 666, § 5, 3-27-2017)