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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