Glenn County Municipal Code § 9.20

Pursuant to Public Contract Code section 20150.5, as amended from time to time, the provisions of Article 3.6 of Chapter 1, Part 3, Division 2 of the Public Contract Code, commencing with section 20150, as amended from time to time, providing for formal and informal bidding procedures for public projects, are by this reference incorporated herein.

HISTORY

Adopted by Ord. 1293 on 12/1/2020 9.20.020 Definitions

1. "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 230,000 volts and higher.

2. "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 230,000 volts and higher.

3. 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, as amended from time to time, real property, streets and highways, or other public work improvement.

HISTORY

Adopted by Ord. 1293 on 12/1/2020

1. Pursuant to Public Contract Code section 20150.6, as amended from time to time, the Director of Public Works and the Purchasing Agent, or designee shall, as soon as is practicable after the time for the renewal of contractors' licenses, notify each contractor of the county, and those surrounding counties, of the opportunity to register with the county to be subsequently notified of informal bidding proceedings. The list of such contractors shall be a public record.

2. A list of contractors shall likewise be developed and maintained by the Director of Public Works, the Clerk of the Board, and/or the Purchasing Agent in accordance with the provisions of section 22034 of the Public Contract Code, as amended from time to time, and criteria which are promulgated from time to time by the California Uniform Construction Cost Accounting Commission ("the Commission").

HISTORY

Adopted by Ord. 1293 on 12/1/2020

1. By Board of Supervisors resolution, 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. as amended from time to time) 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 of said Act, 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, as amended from time to time, providing for alternative bidding procedures for public projects, are by this reference incorporated herein.

2. Notwithstanding the provisions of section 9.20.010 to the contrary, Public Projects equal to or less than the amount set forth in section 22032(a) of the Public Contract Code, as amended from time to time, may be performed by the employees of Glenn 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 by the following informal bidding procedures:

3. 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 9.20.030(B) and/or to all construction trade journals as specified by the Commission in accordance with section 22036 of the Public Contract Code, as amended from time to time. 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.

4. All mailing of notices to contractors and construction trade journals pursuant to subdivision (1) shall be completed not less than 10 calendar days before bids are due.

5. 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.

6. The Purchasing Agent and the Public Works Director are both authorized to award informal contracts pursuant to this subsection. If the aggregate cost does not exceed the amount stated in section 25502.3 of the California Government Code, as amended from time to time, the Purchasing Agent or Public Works Director may enter into the agreement without the approval of the Board of Supervisors. If the aggregate cost is in excess of such amount, the agreement shall be submitted to the Board of Supervisors for approval.

7. If all bids received are in excess of the amount set forth in section 22032(b) of the Public Contract Code, as amended from time to time, 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(d) of the Public Contract Code, as amended from time to time, or less, to the lowest responsible bidder, if it determines the cost estimate of the county was reasonable.

HISTORY

Adopted by Ord. 1293 on 12/1/2020

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, shall be let to contract by formal bidding procedures except as otherwise provided by applicable state, federal, and Glenn County rules, regulations, policies and ordinances.

HISTORY

Adopted by Ord. 1293 on 12/1/2020

For Public Projects requiring a formal bidding process, the following procedures shall be followed:

1. 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, as amended from time to time.

2. Minimum Bid Package Contents: All bid packages shall contain, but shall not be limited to, the following documents:

   1. Notice to Inviting Bids;

   2. Instructions to Bidders;

   3. Project Proposal;

   4. Proposed Contract;

   5. Any Additional Terms and Conditions which may be applicable; and

   6. Non-collusion Affidavit in the form set forth in California Public Contract Code section 7106, as amended from time to time.

3. Notice Inviting Bids: The officer or employee conducting the bidding process shall prepare or direct the preparation of a notice inviting bids which shall include a general description of the items to be purchased or the services to be provided and shall state where specifications may be secured as well as the date, time and place for opening bids. The notice shall also contain each of the following statements:

   1. Bids shall set forth unit prices as well as a total price for each item bid upon, the total taxes that will be due and a total figure for the price plus tax. Any difference between the taxes shown on the bid as the total figure and those actually due shall be the responsibility of the bidder.

   2. Bids shall be opened by the officer or employee conducting the bidding process, or his/her designee, in public in the office of the Clerk of the Board of Supervisors 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 (15) calendar days after the bid opening.

   3. Bids and modifications or corrections thereof received after the closing time specified will not be considered.

   4. The Board of Supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received and that, in its discretion, the Glenn County Board of Supervisors or its designee may reject any and all bids presented and may re-advertise for bids.

4. 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.

5. Published Notice: The notice inviting bids shall be published at least fourteen (14) calendar days before the date of opening of the bids in a newspaper of general circulation distributed in Glenn County. The notice shall also be mailed to all construction trade journals specified in Public Contract Code section 22036, as amended from time to time, at least 30 calendar days before the date of opening the bids. Prior to publishing the notice inviting bids or soliciting sealed bids, the officer or employee conducting the bidding process shall submit to the County Counsel's office for review and shall obtain approval of the notice inviting bids.

6. Bid Opening: Bids shall be opened by the officer or employee conducting the bidding process, or his/her designee, in public in the office of the Clerk of the Board of Supervisors 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 (15) calendar days after the bid opening. Bids and modifications or corrections thereof received after the closing time specified will not be considered.

7. Rejection of Bids: In its discretion, the Glenn 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, as amended from time to time. 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.

3. 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 responsive, responsible bidder. The Board of Supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received. 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.

4. 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.

5. Performance Bond: The person to whom the contract is awarded shall execute a bond, approved by the Board of Supervisors, 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, as amended from time to time.

HISTORY

Adopted by Ord. 1293 on 12/1/2020

The provisions of Public Contract Code section 22050, as amended from time to time, providing for emergency contracting procedures for public projects, are by this reference incorporated herein. Pursuant to Public Contract Code section 22050, subdivision (b), as amended from time to time, the Board of Supervisors delegates to the Purchasing Agent, and designees, the authority to order any action authorized by Public Contract Code section 22050, as amended from time to time, in the event of an emergency.

HISTORY

Adopted by Ord. 1293 on 12/1/2020