ORD 315ORDINANCE NO. 315
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
AMENDING CHAPTER 3.12 RELATING TO PURCHASES; AMENDING
SECTIONS 3.12.120 (Formal {sealed} bid procedure), 3.12.130 (Notice
inviting formal bids), 3.12.170 (Bidder's security), 3.12.175 (Other formal
bond requirements), AND 3.12.270 (Exceptions to competitive bidding
requirements), AND DELETING SECTION 3.12.280 (Regulations re
selection of contract services) OF THE LA QUINTA CHARTER AND
MUNICIPAL CODE TO REMOVE LANGUAGE RELATED TO CONTRACT
SERVICES/PUBLIC WORKS PROJECTS AND TO CORRECT A
CLERICAL ERROR IN EXCEPTIONS TO COMPETITIVE BIDDING
REQUIREMENT; REVOKING CHAPTER 3.30 RELATED TO PREVAILING
WAGE REQUIREMENTS IN PUBLIC WORKS CONTRACTING;
ESTABLISHING A NEW CHAPTER 3.30 WHICH SETS FORTH GENERAL
RULES FOR PUBLIC WORKS CONTRACTS; AND ESTABLISHING A
NEW CHAPTER 3.32 WHICH SETS FORTH GENERAL RULES FOR
SERVICE CONTRACTS
WHEREAS, Chapter 3.12 of the La Quinta Municipal Code (the "Code")
prescribes general rules relating to purchases made by, and public works contracts and
services contracts entered into by, the City of La Quinta (the "City"); and
WHEREAS, the distinctly different general rules for purchasing, public works
contracts and service contracts are clarified if addressed separately; and
WHEREAS, due to a clerical error, sections of Section 3.12.270 were
inadvertently removed in 1996, and the City wishes to rectify that error; and
WHEREAS, the addition of provisions for local preferences, incentives and
design/build contracts in public works contracting will promote economic vitality and
employment opportunities within the City and encourage superior performance and
economy in public works projects;
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
Section 1
follows:
Amend sections of Title 3 of the La Quinta Municipal Code as
3.12.120 Formal (sealed) bid procedure.
Except as otherwise provided in this chapter, purchases of supplies and
Ordinance No. 315
Page 2
equipment of an estimated value greater than twenty five thousand dollars shall be
awarded to the lowest responsible bidder pursuant to the formal bid procedure
prescribed in this chapter.
3.12.130 Notice inviting formal bids.
Notice inviting formal bids shall include a general description of the article
desired, shall state where bid documents and specifications may be secured, and the
time and place for opening bids.
3.12.140 Published notice for formal bids.
Notices inviting formal bids shall be published at least ten days prior to the date of
opening of the bids. Notices shall be published at least once in a newspaper of general
circulation in the city.
3.12.170 Bidder's security.
Formal bids shall be accompanied by security, either cash, cashier's check,
certified check or surety bond, in a sum equal to ten percent of the total aggregate of
the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to
return of bid security; provided however, that a successful bidder shall forfeit his bid
security upon his refusal or failure to execute the contract within ten days after the
notice of award of contract has been mailed, unless the city is solely responsible for the
delay in executing the contract. The city council may, on refusal or failure of the
successful bidder to execute the contract, award it to the next lowest responsible bidder
who is willing to execute the contract, or may reject all bids and readvertise.
3.12.175 Other formal bond requirements.
The city council shall have authority to require a faithful performance bond or
other bonds before entering into a contract. If bonds are required, the form and amount
thereof shall be designated in the notice inviting bids.
3.12.270 Exceptions to competitive bidding requirement.
Notwithstanding any provision of this chapter to the contrary, the competitive
bidding procedures and requirements may be dispensed within any of the following
instances:
When the estimated amount involved is less than two thousand five
hundred dollars;
When the commodity can be obtained from only one vendor;
Ordinance No. 31§
Page 3
Co
The City Manager may authorize the purchase of materials,
supplies, equipment and services where an emergency is deemed to
exist and it is determined that service involving the public health,
safety or welfare would be interrupted if the normal procedure were
followed. All emergency purchases, which would otherwise require
formal bidding procedures, made pursuant to this section, shall be
submitted to the city council for ratification at the next regular council
meeting after the purchase is authorized;
The City Council may authorize the execution of purchase contracts
without observing the bidding procedures provided in this chapter
where the amount of the contract exceeds the value of ten thousand
dollars;
Eo
The City Manager is authorized to enter into purchase contracts
without observing the bidding procedure provided in this chapter
where the amount of the contract does not exceed the amount of ten
thousand dollars; provided there exists an unencumbered
appropriation in the fund account against which the expense is to be
charged;
Any agreement involving acquisition of supplies, equipment or
service entered into with another governmental entity.
Section 2
entirety.
Delete Section 3.12.280 of the La Quinta Municipal Code in its
Section 3 Delete Chapter 3.30 of the La Quinta Municipal Code in its entirety.
Section 4 Establish a new Chapter 3.30 of the La Quinta Municipal Code
entitled "Public Works Contracts" and providing as follows:
3.30.010 Solicitation and selection criteria
A. Contracts for public works projects, as defined in Section 20161 of the
California Public Contract Code, shall be awarded to the lowest responsible bidder.
B. The City Council may, by resolution, prescribe specific procedures and rules
governing the solicitation of bids and award of contracts for public works projects.
3.30.020 Solicitation and selection for major public works projects
A. Bids shall be solicited by invitation published in a generally-recognized source
of local public works contract information.
Ordinance No. 315
Page 4
B. Bids shall be publicly opened and announced at a time and place stated in the
published invitation for bids.
C. Contracts shall be awarded by the City Council.
3.30.030 Solicitation and selection for minor public works projects
A. Bids shall be solicited by written or verbal invitation or as specified in Section
3.30.020A, or a combination thereof, and shall obtain, whenever feasible, at least three
competitive bids.
B. The City Council may by resolution authorize the award and execution of
contracts by the City Manager and Department Directors.
C. The department administering the contract shall keep written records of
proposals and contracts for a period of one year following the award of contract.
3.30.040 Contract incentives
Contracts for public works projects may include monetary or other incentives for
superior performance or early completion of the work.
3.30.050 No prevailing wage requirement
The City shall impose no prevailing wage requirement.
3.30.060 Applicability of other state contract code requirements
With the exception of local procedures and rules set forth in this Chapter 3.30 and
resolutions adopted pursuant thereto, public works projects shall conform with state
requirements for public works projects.
3.30.070 Exceptions to the procedures prescribed in this Chapter
A. Contracts utilizing funding or other participation from agencies which require
conformance with state, federal or other contracting regulations shall be exempt from
provisions of this Chapter, and any resolutions established pursuant thereto, which
would jeopardize the availability of the funding or participation.
B. Solicitation of bids for design/build projects may be by direct invitations to
qualified contractors. Selection of firms for such projects may consider the quality of
the services offered. In all other respects the solicitation, selection and award of
contracts for design/build projects shall conform with the provisions of this Chapter.
Ordinance No. 315
Page 5
C. The City Council may authorize the award and execution of contracts for
public works projects without competitive bidding provided that such award is in the best
interest of the City or of the public health, safety and welfare.
D. The City Manager may authorize the solicitation, selection, award, and
execution of contracts for public works projects by the most expeditious method where
time is of the essence to prevent an emergency lack of critically-needed services. If the
contract is for a major public works project, it shall be submitted for ratification at the
next regular City Council meeting.
E. The City Council may, by resolution, establish local-contractor preference
advantages in the award of contracts for public works projects.
Section 5 Establish a new Chapter 3.32 of the La Quinta Municipal Code
entitled "Service Contracts and providing as follows:
3.32.010 Solicitation and selection criteria
A. Solicitation and selection of professional services of private architectural,
landscape architectural, professional engineering, environmental, land surveying, and
construction project management firms shall be on the basis of demonstrated
competence and on the professional qualifications necessary for the satisfactory
performance of the services required and on fair and reasonable prices. Where the
City Manager or Department Director determines that the particular services required
are of a technical nature and involve little professional judgement, solicitation and
selection shall comply with Section 3.32.01 OB.
B. Solicitation and selection of firms for services other than those specified in
Section 3.32.010A shall be on the basis of the most advantageous proposal after
consideration of qualifications, demonstrated competence, cost, delivery time, and
other factors.
C. The City Council may, by resolution, prescribe specific procedures, rules and
regulations governing the solicitation and selection of firms.
3.32.020 Contracts for major services
A. Solicitation of firms shall be by written or published requests for competitive
proposals.
B. Proposals shall be reviewed and ranked by a selection committee composed
of members competent to judge the qualifications of firms for the category of services to
be provided.
C. Contracts shall be awarded by the City Council.
Ordinance No. 315
Page 6
3.32.030 Contracts for minor services
A. Solicitation of firms shall be by verbal, written or published requests for,
whenever feasible, at least three competitive proposals.
B. The City Manager or Department Director may review and rank proposals.
C. The City Council may by resolution authorize the award and execution of
minor contracts by the City Manager and Department Directors.
E. The department administering the contract shall keep written records of
proposals and contracts for a period of one year following the award of contract.
3.32.040 Contract incentives
Service contracts may include monetary or other incentives for superior
performance or early completion of the services rendered.
3.32.050 Exceptions to the procedures prescribed in Sections 3.32.010 to 3.32.030
A. Contracts utilizing funding or other participation from agencies which require
conformance with state, federal or other contracting regulations shall be exempt from
provisions of this Chapter, and any resolutions established pursuant thereto, which
would jeopardize the availability of the funding or participation.
B. Solicitation and selection of firms and award of contracts for public works
design/build projects shall not be subject to the provisions of this Chapter.
C. The City Council may authorize award and execution of servic~ contracts with
no competitive proposals where experience with the proposed service provider has
demonstrated competence and satisfactory performance or in the renewal or
renegotiation of existing contracts for continuing services.
D. The City Manager may authorize the solicitation, selection, award, and
execution of service contracts by the most expeditious method where time is of the
essence to prevent an emergency lack of critically-needed services. If the contract is
for major services, it shall be submitted for ratification at the next regular City Council
meeting.
Section 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
Section 4. POSTING: The City Clerk shall cause this Ordinance to be posted
in at least three public places designated by resolution of the City Council, shall
Ordinance No. 315
Page 7
certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the
Book of Ordinances of the City of La Quinta.
PASSED, APPROVED AND ADOPTED, this 17th day of March 1998 by the
following vote:
AYES:
Council Members Adolph, Henderson, Sniff, Mayor Pe~a
NOES: None
ABSENT: Council Member Perkins
ABSTAIN: None
City of La Quinta, California
ATTEST:
City of La Ouinta, California
APPROVED AS TO FORM:
DAWN C. HONEYVV~LL, City Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true and correct copy of Ordinance No. 315 which
was introduced on the 3rd day of March, 1998 and was adopted at a regular meeting
held on the 17th day of March, 1998 not being less than 5 days after date of
introduction thereof.
I fL~ther certify that the foregoing ordinance was posted in three (3) places within the
(as specified in a resolution of the City Council.
~SAUNDRA L. JU~lerk City of La Ouinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
cer~f~y that the foregoing ordinance was posted on March 19, 1998 pursuant to City
~/-'SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California