Calaveras County Municipal Code Ch. 3.29 Bidding Procedures for Public Projects

Footnotes:

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Editor's note— Ord. No. 3128, § 1, adopted December 10, 2019, repealed the former Chapter 3.29, §§ 3.29.010—3.29.029, and enacted a new Chapter 3.29 as set out herein. The former Chapter 3.29 pertained to similar subject matter and derived from Ord. No. 1740, 1985 and Ord. No. 2872, 2006.

This chapter shall be known as the county bidding procedures for public projects ordinance.

(Ord. No. 3128, § 1, 12-10-2019)

The purpose of this chapter is to secure for the county taxpayers the advantages and economies which will result from the adoption of methods, including alternative methods, for the bidding of public projects. The ordinance from which this chapter is derived is enacted to adopt the procedures governing the bidding of public projects by the county, inclusive of informal bidding procedures as permitted by Article 3, Chapter 2, Part 3 of Division 2 of the California Public Contracts Code (Public Contract Code § 22030 et seq.). The ordinance codified in this chapter is adopted pursuant to the provisions of Sections 21100, et seq., of the California Public Contract Code. The county elects to become subject to the Uniform Construction Cost Accounting Act set forth in Division 2, Part 3, Chapter 2, Articles 1, 2 and 3 of the Public Contract Code; Sections 22030 through 20045, inclusive, are adopted and incorporated into this chapter by reference.

(Ord. No. 3128, § 1, 12-10-2019)

For the purpose of this chapter, the following terms and phrases shall be defined as set out below, except where the context clearly indicates a different meaning:

"Commission" means the California Uniform Construction Cost Accounting Commission as set forth in Article 2, Chapter 2, Part 3 of Division 2 of the California Public Contracts Code (Public Contracts Code § 22010 et seq.).

"Facility" means any county owned, leased, occupied, or operated plant, building structure, ground facility, utility system, landfill or refuse transfer station, real property, streets and highways, or other public work improvement.

"Public project":

A. The term "public project" means the construction, reconstruction, erection, alteration, renovation, improvement, demolition, or repair work involving any publicly owned, leased or operated facility, or the painting or repairing of any publicly owned, leased or operated facility.

B. The term "public project" does not include maintenance work, including the routine recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes, minor repainting, resurfacing of streets and highways at less than one inch of thickness, landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation sprinkler systems, or the acquisition of supplies and materials as defined by Chapter 3.28.

(Ord. No. 3128, § 1, 12-10-2019)

The county administrative officer, purchasing agent, director of public works, deputy county administration officer(s) responsible for facilities, maintenance, and grounds, capital improvement projects, and integrated waste management functional areas shall be authorized to engage contractors for the construction, improvement and repair of public projects as set forth in Public Contract Code § 22000, except as may otherwise be permitted by law.

(Ord. No. 3128, § 1, 12-10-2019)

A. Public projects up to sixty thousand dollars, or that amount set forth by California Public Contracts Code § 22032(a), may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.

B. Public projects up to two hundred thousand dollars, or that amount set forth by Public Contract Code § 22032(b), may be let by contract in accordance with informal procedures as set forth in this chapter.

C. Public projects of more than two hundred thousand dollars, or that amount set forth by Public Contract Code § 22032(c), except as otherwise provided in this chapter, shall be let by contract in accordance with formal bidding procedures.

D. It is unlawful to split or separate into smaller work orders or projects any public project for the purposes of evading the provisions of this chapter.

(Ord. No. 3128, § 1, 12-10-2019)

In the case of emergency, as determined by the board of supervisors, including, but not limited to, states of emergency defined in Government Code § 8558, when repair or replacements are necessary to permit the continued conduct of the operation or services of the county or to avoid danger to life or property, the board of supervisors, by four-fifths vote, may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. Work may be done by day labor under the direction of the board of supervisors, by contract, or by a combination of the two. The board of supervisors, by majority vote, may delegate to the chief administrative officer the power to declare a public emergency subject to confirmation by the board of supervisors by a four-fifths vote at its next available meeting.

Procedures for suspending any requirements for informal or formal bidding shall be established pursuant to Division 2, Part 3, Chapter 2.5 Emergency Contracting Procedures as defined by California Public Contract Code § 22050.

(Ord. No. 3128, § 1, 12-10-2019)

A. The county shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractor list shall be as determined by the commission.

B. All contractors on the list for the category of work being bid, or all construction trade journals which the commission determines are appropriate for the county, or both all contractors on the list for the category of work being bid and all such construction trade journals, shall be mailed, or sent electronically if available, a notice inviting written informal bids unless the product or service is proprietary.

C. If there is no list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be sent to the construction trade journals specified by the commission.

D. Notices to contractors and construction trade journals pursuant to subsection B or C of this section shall be completed not less than ten calendar days before bids are due.

E. Notices inviting informal bids shall describe the public project in general terms, how to obtain more detailed information about the public project, and state the time and place for submission of written bids.

F. The chief administrative officer, county purchasing agent, the director of public works, and the deputy county administrative officer(s) responsible for facilities, maintenance, and grounds, capital improvement projects, and integrated waste management functional areas are each authorized to award informal contracts pursuant to this chapter.

G. If all bids received are in excess of two hundred thousand dollars, or that amount set forth in Public Contracts Code § 22034, if greater, the Board of Supervisors may, by passage of a resolution by a four-fifths vote, award the contract up to two hundred twelve thousand five hundred dollars, or up to that amount set forth by Public Contracts Code § 22034, if greater, to the lowest responsible bidder, if it determines the cost estimate of the county was reasonable.

(Ord. No. 3128, § 1, 12-10-2019)

Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the public project. The notice shall be published at least fourteen calendar days before the date of opening bids in a newspaper of general circulation, printed and published in the county, or as set forth in Public Contract Code § 22037. The notice inviting formal bids shall be sent electronically, if available, or mailed to all construction trade journals specified in Section 3.29.024(B). The notice shall be mailed or made at least fifteen calendar days before the date of opening of bids, or as set forth in Public Contract Code § 22037. In addition to the notice required by this chapter, the county may give such other notice as it, in its sole option, deems proper under the circumstances.

(Ord. No. 3128, § 1, 12-10-2019)

A. All contract change orders shall be in writing. The county administrative officer, purchasing agent, director of public works, and the deputy county administrative officer(s) responsible for facilities, maintenance, and grounds, capital improvement projects, and integrated waste management functional areas shall be authorized to approve change orders for contracts subject to the requirements and limitations of Public Contract Code Section 20142.

(Ord. No. 3128, § 1, 12-10-2019)

A. In its discretion, the county may reject any or all bids presented, if the agency, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the agency's intention to reject the bid and shall be mailed, or sent electronically if available, at least two business days prior to the hearing at which the agency intends to reject the bid. If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates to the public project, the county shall have the option of the following:

1. Abandoning the public project or re-advertising for bids in the manner described by this chapter; or

2. Having the public project done by force account without further compliance with this chapter, by passage of a resolution by a four-fifths vote of the board of supervisors declaring that the public project can be performed more economically by the employees of the county.

B. If the contract is awarded, it shall be awarded to the lowest, responsive, responsible bidder. If two or more bids are the same and the lowest, the public agency may accept the one it in its sole discretion may choose.

C. If no bids are received, the public project may be performed by employees of the county by force account, or by informal bidding procedures set forth in Section 3.29.024 without further complying with this chapter.

(Ord. No. 3128, § 1, 12-10-2019)

The board of supervisors shall adopt plans, specifications and working details for all public projects of more than two hundred thousand dollars or an amount specified in Section 3.29.022. Any person may examine the plans, specifications or working details, or all of these, adopted by the County for any public project.

(Ord. No. 3128, § 1, 12-10-2019)

The contracting and bidding procedures in this chapter shall be used in conjunction with any applicable additional provisions or requirements set forth in the use of federal or state funding sources. To the extent that federal and state, or other funding source requirements, do not conflict with the procedures in this chapter, consideration shall be given to outside funding source requirements first, then the application of local procedures. Any additional provisions or requirements established by outside funding sources are not intended to supplant, but rather to supplement, the procedures set forth in this chapter. The board of supervisors and county officers and employees with authority to enter into contracts under this chapter shall strictly adhere to federal, state, and local funding source requirements, including any laws, codes, rules, and regulations, as may be amended from time to time.

(Ord. No. 3128, § 1, 12-10-2019)