Chapter 2.35 BIDDING PROCEDURES FOR PUBLIC PROJECTS

Chapter 2.35
BIDDING PROCEDURES FOR PUBLIC PROJECTS

Sections:

2.35.010 Adoption of uniform construction cost accounting bidding procedures.

2.35.050 Emergency contract bidding procedures.

2.35.010 Adoption of uniform construction cost accounting bidding procedures.

The County and its County-administered special districts have elected by resolution to become subject to State law known as the Uniform Public Construction Cost Accounting Act (the “Act”). Contracts for public projects, as defined by the Act in Section 22002 of the California Public Contract Code, that are within the limits listed in Section 22032 of the Code shall be let to bid in accordance with the Act, the procedures promulgated by the State Controller and this chapter. [Ord. 5297 § 2, 2019].

2.35.020 Low cost public projects.

Public projects within the amount specified in Section 22032(a) of the Public Contract Code may be performed by County employees by force account, by negotiated contract, or by purchase order. Such public projects shall be authorized by the County Purchasing Agent, the Director of the Department of Public Works, the Director of the Department of General Services, the Director of the Department of Parks, Open Space, and Cultural Services, or their respective designees, and processed in accordance with the provisions of the County’s Purchasing Manual. [Ord. 5297 § 2, 2019].

2.35.030 Informal bidding procedures.

(A) Public projects within the amount specified in Section 22032(b) of the Public Contract Code shall be let to contract by informal procedures as set forth in this section, and in compliance with any other applicable sections of the Act.

(1) Notice to Contractors. Notice to contractors shall be provided in accordance with either subsection (A)(1)(a) or (b) of this section, or both.

(a) The County shall maintain a list of qualified contractors, identified according to categories of work. The list shall be developed and maintained in compliance with the specifications of the California Uniform Construction Cost Accounting Commission. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this subsection shall be completed not less than 10 calendar days before bids are due.

(b) The County may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Public Contract Code Section 22036.

(2) Contents of Notice. The notice inviting informal bids shall describe the project in general terms and explain how bidders may obtain more detailed information about the project. It shall also state the time and place for the submission of bids.

(3) Delegation of Authority. The Board of Supervisors may delegate authority to award contracts pursuant to this section to the County Purchasing Agent, the Director of the Department of Public Works, the Director of the Department of General Services, the Director of the Department of Parks, Open Space, and Cultural Services, and/or any other appropriate department head or employee within the County.

(4) Award of Contracts. All County personnel with delegated authority under subsection (A)(3) of this section shall award contracts only if the following steps are followed:

(a) The County Purchasing Agent has made the final determination as to whether adequate competition has been sought;

(b) County Counsel has reviewed the procedure and contract; and

(c) The person with delegated authority, and a licensed engineer, have reviewed and approved of by signature the plans, designs, specifications, and/or other information regarding the project’s details in order to preserve the County’s design immunity.

(5) Bids Over the Statutory Amount. If all bids received are in excess of the maximum amount allowed by the Act for informally bid contracts, the Board of Supervisors may award the contract up to the statutory permissible amount by a fourfifths vote to the lowest responsible bidder if it determines that the cost estimate is reasonable (see Public Contract Code Section 22034(d) for statutory limit).

(6) Change Orders. Change orders are permitted; provided, that the maximum contract amount allowed for in the Act is not exceeded and sufficient budget authority is available to fund the overall contract affected by the change orders. All other change orders which are not consistent with this subsection shall not be effective unless and until approved by the Board of Supervisors. [Ord. 5297 § 2, 2019].

2.35.040 Formal bidding procedures.

Public projects within the amount specified in Section 22032(c) of the Public Contract Code shall be let to contract by the formal procedures set forth in the Act (see Public Contract Code Section 22037 et seq.). [Ord. 5297 § 2, 2019].

2.35.050 Emergency contract bidding procedures.

Public projects to address emergency situations shall be let to contract in compliance with the provisions of Public Contract Code Section 22035 or 22050, whichever one is applicable, as they may be amended. [Ord. 5297 § 2, 2019].