CC Resolution 2005-095
RESOLUTION NO. 2005-095
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINT A REGARDING SOLICITATION OF BIDS AND
AWARD OF CONTRACTS FOR PUBLIC WORKS
PROJECTS AND REPEALING RESOLUTION NO. 98-14
WHEREAS, pursuant to Chapter 3.30 of the La Ouinta Municipal Code
(LOMC), the City Council desires to prescribe specific procedures and rules
governing the solicitation of bids and award of contracts for public works projects;
NOW, THEREFORE, the City Council of the City of La Ouinta, California,
does resolve as follows:
Section 1: Applicability
The procedures and rules herein shall apply to the solicitation of bids and award of
contracts for public works projects pursuant to LOMC Chapter 3.30.
Section 2: Local Contractor Preference
A. For the purposes of this Chapter, the term "local firm" shall mean a firm
which has both maintained its headquarters or permanently-staffed regional office
and has held a business license within the area encompassed by the boundaries of
the Coachella Valley Association of Governments for a minimum of six consecutive
months immediately prior to the closing date for submittal of bids on the contract.
B. Determination of the lowest responsible bid for any public works contract
shall allow an advantage of two percent (2 %) of the lowest bid received to bids
under which at least fifty percent (50%) of the contract cost is for work performed
by local firms.
C. Bidders desiring local preference shall submit, with their bids, in separate,
unsealed packages, applications for local preference including qualifying evidence
of local-firm status and a listing of the bid items and quantities to be performed or
furnished by local firm(s).
D. The Public Works Director shall review applications and accept or reject
them based on completeness and the adequacy of evidence of local firm status.
The denial of local firm status for any bid shall not affect the validity of the bid.
E. Decisions regarding local-firm status shall be the sole discretion of the City
and shall be deemed final at the time the contract is awarded. In submitting an
application for local preference on any contract, the applicant shall agree that the
Resolution No. 2005-095
Solicitation of Bids/Award of Contracts
Adopted: December 6. 2005
Page 2
granting or denial by the City of local preference to any bid or bids submitted for
the contract shall not constitute cause for any claim of loss or damages suffered by
the applicant.
F. If a bidder qualifying for 10caHirm status is awarded a contract for an
original amount higher than the lowest responsible bid received and the bidder fails
to utilize local firms for the required percentage of the work in the original contract,
and said failure is not due to variations from the estimated quantities or other
factors unrelated to the bidder or bidder's subcontractors, the City shall have the
right to deduct from the amount paid under the contract the difference between
the bidder's original bid and any lower responsible bid submitted by a non-local
firm.
Section 3: Major Public Works Projects
Major public works projects are defined as those projects having an estimated value
of fifty thousand dollars or greater. The solicitation and selection of bids and award
of contracts shall conform with LQMC Section 3.30.020 and the following:
A. Invitation for Bids. An Invitation for Bids (the "Invitation") shall be
published in a newspaper, electronic bulletin board, world wide web site, or other
generally-recognized source of local' public works contract information, at least ten
days prior to the date of the opening of bids. Invitations shall include general
descriptions of the work to be performed, the time and place of the opening of
bids, the place where bidders may obtain Bid Documents, the amount of bid
security required, and the amount and nature of performance and labor and
materials security that will be required of the successful bidder.
B. Form of Bids. Bids conforming with the requirements of the Invitation shall
be submitted to the Department Director (the "Director") in sealed packages or by
other means which will prevent the divulging of bids prior to the stated time for
opening of bids, all as specified in the Invitation or the Bid Documents. Unopened
bids should be clearly marked or otherwise identifiable as bids for the project to
which they apply.
C. Bid Security. Bids shall be accompanied by cash, cashier's check, certified
check, surety bond, or other form of security stated in the Invitation or bidding
documents, in a sum equal to ten percent of the amount of the bid.
D. Opening of Bids. At the time and place stated in the Invitation, the bids
shall be publicly opened and announced. The bid amounts shall be tabulated and
the tabulation shall be available for public inspection at the Public Works
Department during regular business hours for a period of not less than thirty
calendar days after the bid opening.
Resolution No. 2005-095
Solicitation of Bids/Award of Contracts
Adopted: December 6, 2005
Page 3
E. Review of bids. The Director shall review all bids received for
completeness, accuracy, responsiveness to the Invitation for Bids and Bid
Documents, and the City's experience with or knowledge of the qualifications and
reliability of each bidder and shall prepare a recommendation for the City Council.
The Director's review shall consider the following:
1. Written amounts shall take precedence over associated numeric
amounts. Mathematical errors, if found, shall be corrected and shall not disqualify a
bid. The corrected total shall be the bid amount considered in determining the
lowest responsible bidder and shall be the contract amount awarded if the bid is
selected.
2. If one or more responsible bidders qualify for local preference, and
the lowest responsible bidder does not qualify, the Director shall allow the two-
percent preference to qualifying bids in determining the lowest responsible bidder.
F. Award of contract. Contracts shall be awarded by the City Council to the
lowest responsible bidder. Determination of the lowest responsible bidder shall be
at the sole discretion of the City Council pursuant to findings and recommendations
presented by the Director of Public Works at the time of the award of contract.
G. Equal bids. If two or more equal low bids are received, the City Council
may award the contract to anyone of the equal low bidders.
H. No bids. When no bids are received from responsible firms, the City
Council may accomplish the project in any manner it sees fit.
I. Rejection of Bids. The City Council may reject any or all bids presented and
may then direct that the project be re-advertised, may authorize negotiation of a
contract with one or more responsible firms, or may resolve that the project can be
performed more economically by City forces, day labor, time and materials
contract, or other method.
J. Execution of contract. The successful bidder shall execute the contract
and furnish required performance security and labor and materials security within
ten days after the City mails or otherwise forwards a written notice of award to the
bidder.
K. Forfeiture of bid security. If the successful bidder fails to execute the
contract and furnish security within the stated time, and said failure is not primarily
due to actions or omissions of the City or to acts of God, the bidder shall forfeit the
bid security provided. The City Council may then consider the bid of the next
lowest responsible bidder.
Resolution No. 2005-095
Solicitation of Bids/Award of Contracts
Adopted: December 6. 2005
Page 4
L. Release of bid security . Bidders are entitled to the return of their bid
security unless forfeited as provided herein. The City shaH retain all bid security
until a contract has been executed or until the City Council rejects all bids at which
time all bid security not forfeited shall be returned to the appropriate bidders.
M. Disposition of forfeited bid security. The City shall retain forfeited bid
security until a contract is awarded to another firm or the project is canceled. The
City shall retain an amount equalto the difference between the forfeiting firm's bid
and· the new contract amount, if any, and an additional amount equal to
administrative and other costs incurred as a result of the failure of the forfeiting
bidder to enter into a contract and provide required security, and shall return any
remaining amount of the bid security to the forfeiting bidder.
N. Performance security and labor and materials security. The bidder to
whom the contract is awarded (the "successful bidder") shall furnish performance
security and labor and materials security in amounts specified in the Invitation or
Bid Documents.
Section 4: Minor public works projects
Minor. pubUc works projects are defined as those projects having an estimated
value of less than fifty thousand dollars. The solicitation and selection of bids and
award of contracts shall conform with LOMe Section 3.30.030 and the following:
A. Security Bid. Security and labor and materials security shall conform with
the requirements for major public works projects but may be modified or waived if
warranted and in the best interest of the City.
B. Execution and Award of Contracts
1. The City Council may award contracts.
2. The City Manager may award and execute contracts exceeding
thirty thousand dollars with the subsequent approval of the City Council.
3. The City Manager may award and execute contracts for thirty
thousand dollars or less, and may waive competitive bidding if in the best interest
of the City, .provided there are unencumbered appropriations in the fund accounts
against which the expenses are to be charged.
4. Department Directors may award and execute contracts of five
thousand dollars or less with or without competitive bidding provided there are
unencUmbered appropriations in the fund accounts against which the expenses are
to be charged.
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Resolution No. 2005-095
Solicitation of Bids/Award of Contracts
Adopted: December 6, 2005
Page 5
Section 5:
Exceptions
Exceptions to the procedures specified herein shall be as specified in LOMC Section
3.30.040 and as follows:
A. The authority awarding the contract may waive irregularities in bids
received provided that such waiver is in the best interest of the City and does not
result in unfair advantage to any bidder.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Ouinta
City Council held on this 6th day of December, 2005, by the following vote, to wit:
AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: Council Member Perkins
ABSTAIN: None
ATTEST:
~._. --eÝ~_.ß.J
. GREEK, CMC, City rk
City of La Ouinta, California
(CITY SEAL)
APPROVED ,~FORM: /
;// r /4
/lI:ATi ~N~ J i o~, City Attorney
City of La Ouinta, (California