Fresno County Municipal Code Ch. 4.08 Bidding Procedures Under the Uniform Public Construction Cost Accounting…

By Resolution No. 97-674 dated December 9, 1997, this board 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 notified the State Controller of such election. The dollar amount limitations authorized herein shall be subject to the provisions of the Act, such that any subsequent increases or decreases to those limitations as specified under the Act shall be deemed to constitute a corresponding adjustment to the dollar amount limitations authorized herein.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

A. Public projects, as defined by the Act, of sixty thousand dollars or less may be performed by county employees by force account (subject to the limitations set forth in Section 4.08.090(B) of this chapter), by negotiated contract, or by purchase order, as determined by the county administrative officer. The purchasing agent shall have the authority to award and execute negotiated contracts which do not exceed sixty thousand dollars.

B. Public projects, as defined by the Act, of two hundred thousand dollars or less may be let to contract by informal bidding procedures, as set forth in the Act and this chapter.

C. Public projects, as defined by the Act, of more than two hundred thousand dollars shall, except as otherwise provided in the Act, be let to contract by formal bidding procedures, as set forth in the Act and this chapter.

D. Maintenance work, as defined by the Act, may be performed by county employees by force account or be let to contract by bidding procedures as set forth in this chapter.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

A list of contractors, identified according to categories of work, shall be maintained and administered by the director of public works and planning or his/her designee. The list of contractors shall be developed and maintained in accordance with minimum criteria determined by the California Uniform Construction Cost Accounting Commission. The list may be revised from time to time to remove inactive names.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

A. All contractors on the list provided for in Section 4.08.030 for the category of work being bid shall be mailed or emailed a notice inviting informal bids. In addition, all construction trade journals specified in Section 22036 of the Public Contract Code may be mailed or emailed a notice inviting informal bids, and additional contractors and/or construction trade journals may be notified.

B. The notice inviting informal bids shall include a project description in general terms, the time and place for submission of bids, and information on how to obtain more detailed information on the project.

C. All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

The notices inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published or posted as required by Public Contract Code Section 22037 at least fourteen calendar days before the date of opening the bids. The notice inviting formal bids shall also be mailed or emailed at least fifteen calendar days before the date of opening the bids to all construction trade journals specified in Public Contract Code Section 22036.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

A. The director of public works and planning shall solicit bids in accordance with this chapter and shall award and execute contracts for public projects informally bid of two hundred thousand dollars or less funded by budget units managed under the control of the director of public works and planning and funded by budget units managed under the control of other county departments that have engaged public works and planning to manage the design and construction of such projects.

B. The purchasing agent shall solicit bids in accordance with this chapter and award and execute contracts for public projects informally bid of two hundred thousand dollars or less funded by any other county department not listed in the immediately preceding paragraph A.

C. The construction contracts for informally bid public projects of two hundred thousand dollars or less shall be consistent with and include language substantially identical to the corresponding provisions contained in the appropriate construction contract template, each of which shall be reviewed and updated periodically by county counsel. For all such contracts that are awarded by the purchasing agent under the immediately preceding paragraph B., the purchasing agent shall consult with county counsel and department of public works and planning staff to ensure inclusion of all required language in both the notice and the construction contract, including all necessary provisions regarding prevailing wages and related labor compliance reporting requirements.

D. Except as provided in the preceding paragraphs of this Section 4.08.060, the board of supervisors shall award all other public project contracts, whether informally or formally bid.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

If all bids received in response to informal bidding are in excess of two hundred thousand dollars, the board of supervisors may by passage of a resolution by a four-fifths vote, award the contract at two hundred twelve thousand five hundred dollars, or less, to the lowest responsible bidder, if it determines county's cost estimate was reasonable.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

Maintenance work, as defined by the Act, may, at the discretion of the purchasing agent, be performed by the employees of the county by force account or by an outside contractor. If the maintenance work is to be performed by an outside contractor, the purchasing agent will obtain at least two oral bids and the work will be awarded to the lowest responsible bidder. The purchasing agent may contract for maintenance work that does not exceed the purchasing agent's contracting authority. The board of supervisors shall contract for all other maintenance work.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

Consistent with the provisions of Public Contract Code Section 22031, nothing in this chapter shall prohibit the board of supervisors or the Fresno County road commissioner from utilizing as an alternative to the procedures set forth in the Act and this chapter, the procedures set forth in Article 25, commencing with Section 20390, of the Public Contract Code for both of the following:

A. Maintenance and emergency work; or

B. New road construction and road reconstruction, as long as the total value of the new road construction and road reconstruction performed under the procedure set forth in subdivision (c) of Section 20395 during a fiscal year does not exceed 30 percent of the total value of all work performed by force account other than maintenance, as reported in the Controller's Streets and Roads Annual Report as of March 1 of each year prior to the fiscal year.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))

It is unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this chapter. Every person who willfully violates this section is guilty of a misdemeanor.

(Ord. No. 22-006, § II, 6-7-2022; Ord. No. 22-003, § II, 4-5-2022; Ord. 97-013, § 2 (part))