Chapter 2.18
DIRECTOR OF COMMUNITY DEVELOPMENT AND PUBLIC PROJECT BIDDING PROCEDURES
Sections:
2.18.040 Public project bidding procedure established.
2.18.060 Uniform public construction cost accounting.
2.18.065 Informal bidding procedure.
2.18.070 Application of formal bidding requirement.
2.18.080 Formal bidding procedure.
2.18.090 Written contract required.
2.18.120 Emergency contracting procedures.
2.18.010 Position created.
There shall be a director of community development who shall have such responsibilities and perform such duties as determined by the board of supervisors, except that any civil engineering functions which are required to be performed shall be done by a registered civil engineer acting under the authority of the director of community development. (Ord. 692 § 3 (part), 2010)
2.18.020 Appointment.
The director of community development, who serves as the director of public works and transportation and the director of planning, shall be appointed by the board of supervisors and shall serve at the pleasure of the board of supervisors. (Ord. 692 § 3 (part), 2010)
2.18.030 Duties.
Manages and supervises all functions within the community development department, including building permit/inspections, engineering/surveying, development review and planning, environmental review, zoning, solid waste management, public works, roads, vehicle maintenance, building and grounds, recycling and airport operations. Any reference made in this code to “planning director,” “public works director” or “director of transportation” shall heretofore mean the community development director. The community development director shall also carry out all duties/responsibilities, as set forth within this code, and other official policies or contracts adopted by the board of supervisors, of the planning director, public works director, and director of transportation. (Ord. 692 § 3 (part), 2010)
2.18.040 Public project bidding procedure established.
Pursuant to Public Contract Code Section 20150.5, the provisions of Article 3.6 of Chapter 1, Part 3, Division 2 of the Public Contract Code, commencing with Section 20150, providing for formal and informal bidding procedures for public projects, are by this reference incorporated herein. (Ord. 694 § 1 (part), 2010)
2.18.050 Definitions.
A. “Public project” means any of the following:
1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
2. Painting or repainting of any publicly owned, leased, or operated facility.
3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand volts and higher.
B. “Public project” does not include maintenance work. For purposes of this chapter, “maintenance work” includes all of the following:
1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
2. Minor repainting.
3. Resurfacing of streets and highways at less than one inch.
4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
5. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand volts and higher.
C. For purposes of this chapter, “facility” means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c) of Section 22002 of the Public Contract Code, real property, streets and highways, or other public work improvement. (Ord. 694 § 1 (part), 2010)
2.18.060 Uniform public construction cost accounting.
By board of supervisors resolution (R2001-44), this county has elected to become subject to the procedures established pursuant to the Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.) hereinafter referred to as the “Act,” and has notified the state controller of such election. In compliance with Section 22034 of said Act, this section is adopted as the procedure to letting work by informal bidding only for public projects within the limits set forth in Section 22032(b) of said Act (one hundred twenty-five thousand dollars or less as of the effective date of the ordinance codified in this section), as adjusted from time to time pursuant to Section 22020 of said Act. All other work not exempted from public bidding requirements shall be advertised and awarded in accordance with applicable provisions of state law and county ordinances, resolutions and policies. The provisions of Chapter 2, Part 3, Division 2 of the Public Contract Code, commencing with Section 22000, providing for alternative bidding procedures for public projects, are by this reference incorporated herein. (Ord. 694 § 1 (part), 2010)
2.18.065 Informal bidding procedures.
Notwithstanding the provisions of Section 2.18.040 of this code to the contrary, public projects equal to or less than the amount set forth in Section 22032(a) of the Public Contract Code (thirty thousand dollars as of the effective date of the ordinance codified in this section) may be performed by the employees of Alpine County by force account, by negotiated contract, or by purchase order. Public projects equal to or less than the amount set forth in Section 22032(b) of the Public Contract Code, as amended from time to time, may be let to contract for budgeted or urgent projects by the following informal bidding procedures:
A. A list of contractors shall be developed and maintained by the director of community development in accordance with the provisions of Section 22034 of the Public Contract Code and criteria which are promulgated from time to time by the California Uniform Construction Cost Accounting Commission (“the Commission”).
B. Where a public project is to be performed which is subject to the provisions of this subsection, 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 and referred to in subsection A of this section, and/or to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the county officer conducting the bid solicitation. If the product or 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.
C. All mailing of notices to contractors and/or construction trade journals pursuant to subsection B of this section shall be completed not less than ten calendar days before bids are due.
D. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project and state the date, time and place for the submission of bids.
E. The director of community development is authorized to award informal contracts pursuant to this section up to thirty thousand dollars, as of the effective date of the ordinance codified in this section. Informal contracts pursuant to this section between thirty thousand dollars and the maximum amount permitted by Section 22032(b) of the Public Contract Code (one hundred twenty-five thousand dollars or less as of the effective date of the ordinance codified in this section) are authorized to be awarded by the joint approval of the purchasing agent and the director of community development. If the aggregate cost is in excess of the amount set forth in Section 22032(b) of the California Public Contract Code, the agreement shall be submitted to the board of supervisors for approval.
F. If all bids received are in excess of the maximum amount set forth in Section 22032(b) of the Public Contract Code, the board of supervisors may, by adoption of a resolution by a four-fifths vote, award the contract, at the amount set forth in Section 22034(f) of the Public Contract Code (one hundred thirty-seven thousand five hundred dollars as of the effective date of the ordinance codified in this section) or less, to the lowest responsible informal bidder, if it determines the cost estimate of the county was reasonable. (Ord. 694 § 1 (part), 2010)
2.18.070 Application of formal bidding requirement.
Public projects greater than such sum as is set forth in Section 22032(c) of the Public Contract Code (one hundred twenty-five thousand dollars as of the effective date of the ordinance codified in this section), as amended from time to time, shall be let to contract by formal bidding procedures except as otherwise provided by applicable state, federal, and Alpine County rules, regulations, policies and ordinances. (Ord. 694 § 1 (part), 2010)
2.18.080 Formal bidding procedure.
For public projects requiring a formal bidding process, the following procedures shall be followed:
A. Preparation and Adoption of Plans. The officer or employee conducting the bidding process shall prepare or direct the preparation of plans, specifications, and working details for all public projects greater than such sum as is set forth in Section 22032(c) of the Public Contract Code, as amended from time to time. The plans, specifications and working details shall be adopted by the board of supervisors prior to initiation of the bidding process and shall not be altered or changed in any manner which increases its cost, except by a vote of two-thirds of the members of the board of supervisors. The provisions of this section shall not apply to those public projects identified in Sections 22035 (Emergencies) and 22041 (Exemptions) of the Public Contract Code.
B. Notice Inviting Formal Bids. The officer or employee conducting the bidding process shall prepare or direct the preparation of a notice inviting formal bids. The notice inviting formal bids shall state the date, time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation within the jurisdiction of Alpine County. The notice inviting formal bids shall also be mailed to all construction trade journals specified in Public Contract Code Section 22036 at least thirty calendar days before the date of opening the bids.
1. County Counsel Review. Within a reasonable time the officer or employee conducting the bidding process shall submit to the county counsel’s office the notice inviting bids or soliciting sealed bids for review and approval.
C. Bid Opening. Bids shall be opened by the officer or employee conducting the bidding process, or his/her designee, in public in the Alpine County board room, or at a location designated in the notice inviting formal bids, at the time stated in the public notice. The officer or employee conducting the bidding process shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for a period not less than fifteen calendar days after the bid opening. Bids and modifications or corrections thereof received after the closing time specified will not be considered.
D. Award of Bids. The officer or employee conducting the bidding procedure shall present the bid tabulation to the board of supervisors or its designee for consideration and award, if deemed appropriate. The contract shall be awarded to the lowest responsible bidder. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held beyond sixty days from the time the award is made. The board of supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received.
E. Performance Bond. The person to whom the contract is awarded shall execute a bond for the faithful performance of the contract. The person shall perform the work in accordance with the plans, specifications, and working details, unless all or any of them are modified by a four-fifths vote of the members of the board. In that case, if the cost of the work is reduced by reason of the modification, the person to whom the contract is awarded shall make an allowance on the contract price to the extent of the reduction. As an alternative to execution of a bond, the person to whom the contract is awarded may substitute securities for any moneys withheld by a public agency to ensure performance under a contract in accordance with the provisions of California Public Contract Code Section 22300. (Ord. 694 § 1 (part), 2010)
2.18.090 Written contract required.
Purchases made pursuant to these bidding requirements shall be by written contract with the bidder chosen as a consequence of following these bidding procedures. (Ord. 694 § 1 (part), 2010)
2.18.100 Rejection of bids.
A. In its discretion, the Alpine County board of supervisors may reject any and all bids presented if it, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the county, furnishes a written notice to an apparent low bidder pursuant to California Public Contract Code Section 22038. The notice shall inform the bidder of the county’s intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the county intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the county shall have the option of either of the following:
1. Abandoning the project or re-advertising for bids in the manner described by this chapter.
2. By passage of a resolution by a four-fifths vote of the Board of Supervisors declaring that the project can be performed more economically by the employees of the county, may have the project done by force account without further complying with this chapter.
B. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the county by force account or negotiated contract without further complying with this chapter.
C. The board of supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received. (Ord. 694 § 1 (part), 2010)
2.18.110 Tie bids.
If two or more bids received are for the same total amount or unit price, quality and service being equal, the board of supervisors or its designee may accept the one it chooses or accept the lowest bid made after negotiation with tie bidders. (Ord. 694 § 1 (part), 2010)
2.18.120 Emergency contracting procedures.
A. In case of an emergency, the county of Alpine, through the community development director, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
B. If the community development director orders any action specified in subsection A of this section, the board of supervisors shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than fourteen days after the action, and at least every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the community development director has terminated that action prior to the board of supervisors reviewing the emergency action and making a determination pursuant to this section.
C. When the board of supervisors reviews the emergency action pursuant to subsection B of this section, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
D. This section applies only to emergency action taken pursuant to Sections 20133, 20134, 20168, 20193, 20205.1, 20213, 20223, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20685, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061, 21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035 of the Public Contract Code. (Ord. 694 § 1 (part), 2010)