Humboldt County Municipal Code Ch. 1 Providing Regulations for Bidding on Public Projects

Sections: Purpose. Definition of Public Projects. Required Letting of Contracts by Formal and Informal Bidding Procedures. Award of Contracts. Informal Bidding Procedure. Miscellaneous Provisions. 731-1. Purpose. This division is adopted for the purpose of providing bidding procedures for public projects to be followed by the County of Humboldt. (Ord. 892, § 1, 12/5/1972; Ord. 2512, § 1, 1/28/2014) 731-2. Definition of Public Projects. As used in this division, “public project” shall be defined in accordance with Section 22002 of the Public Contract Code. (Ord. 2512, § 1, 1/28/2014) 731-3. Required Letting of Contracts by Formal and Informal Bidding Procedures. (a) Informal Bids. All public projects up to the costs limits contained in the Uniform Public Construction Cost Accounting Act, Public Contract Code Section 22000, et. seq., (“Act”) may utilize the informal procedures of the Act, contained in Section 731-5 of this division. As an alternative to the informal bidding procedure contained herein, the County may use any other informal bidding procedure for public projects authorized by California law. (Ord. 2512, § 1, 1/28/2014) (b) Formal Bids. All public projects where the costs exceed the informal bidding limits of the Act shall utilize the formal bidding procedures of the Act, or other applicable provisions of the Public Contract Code. (Ord. 2512, § 1, 1/ 28/2014) (c) Nothing in this division shall prohibit the use of the procedures set forth in Section 20390, et seq., of the Public Contract Code for projects of the type set forth in Section 22031(b) of the Public Contract Code. The County shall declare its intention to use this authority prior to commencing work. (Ord. 892, § 3, 12/5/1972; Ord. 2512, § 1, 1/28/2014)

(d) In cases of emergency repair or replacements of public facilities, the County may follow the emergency procedures under Section 22035 of the Public Contract Code. (Ord. 2065, § 1, 3/7/1995; Ord. 2512, § 1, 1/28/2014) 731-4. Award of Contracts. Award of contracts for public projects shall be governed by the provisions of Public Contract Code Section 22038. (Ord. 892, § 4, 12/5/1972; Ord. 2512, § 1, 1/28/2014) 731-5. Informal Bidding Procedure. (a) Public projects, as defined in this division, and within the dollar limitations set forth in the Act, may be let to contract by informal procedures as set forth in this section in accordance with Section 22032, et seq., of the Public Contract Code. (Ord. 2065, § 2, 3/7/1995; Ord. 2512, § 1, 1/28/2014) (b) Contractors List. A list of contractors identified according to categories of work shall be developed and maintained by the Public Works Department in accordance with the provisions of Section 22034 of the Public Contract Code, and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (Ord. 2065, § 2, 3/7/1995; Ord. 2512, § 1, 1/28/2014) (c) Notice Inviting Informal Bids. All contractors on the list for the category of work being bid or all construction trade journals specified in Section 22036 of the Public Contract Code, or both contractors and journals shall be mailed a notice inviting informal bids. (Ord. 2065, § 2, 03/07/1995; Ord. 2512, § 1, 01/28/2014) (1) If there is no list of qualified contractors maintained by the County for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission. (Ord. 2065, § 2, 3/7/1995; Ord. 2512, § 1, 1/28/2014) (2) 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. (Ord. 2065, § 2, 3/7/1995) (3) All mailing of notices to contractors and construction trade journals shall be completed not less than 10 calendar days before bids are due. (Ord. 2512, § 1, 1/28/2014) (4) Notices inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for submission of bids. Ord. 2512, § 1, 01/28/2014) (d) Award of Contracts. The County Purchasing Agent and the Director of Public Works are each authorized to award informal contracts pursuant to this Section. (Ord. 2065, § 2, 3/7/1995) (e) Bids in Excess. If all bids received are in excess of the amount listed in Section 22034(f) of the Public Contract Code, the Board of Supervisors may, by adoption of a resolution by a four-fifths vote, award the contract, at that higher amount specified in Section 22034(f) of the Public Contract Code, or less, to the lowest responsible bidder, if it determines the cost estimate of the County was reasonable. (Ord. 2512, § 1, 1/28/2014) 731-6. Miscellaneous Provisions. (a) It shall be unlawful to split or separate into smaller work orders or projects any public project for the purpose of evading the provisions of this division requiring work to be done by contract after bidding. Every person who willfully violates the provisions of this subsection is guilty of a misdemeanor. (Ord. 2512, § 1, 1/28/2014) (b) The Board of Supervisors shall adopt plans, specifications, and working details for all public projects the expenditure for which exceeds the cost limits of Section 22032(c) of the Public Contract Code. (Ord. 2512, § 1, 1/28/ 2014) (c) Any person may examine the plans, specifications, or working details, or all of these, adopted by the County for any project. (Ord. 2512, § 1, 1/28/2014) (d) The provisions of this division shall not apply to the construction of any public building described in Section 22041 of the Public Contract Code. (Ord. 2512, § 1, 1/28/2014) (e) Any portion of this division which references provisions of the California Public Contract Code shall also include any successor provisions thereto. (Ord. 2512, § 1, 1/28/2014) (f) Nothing in this division shall preclude the prequalification of general contractors and subcontractors. (Ord. 2512, § 1, 1/28/2014) Chapter 1 – § 741-1.

Industrial Development Authority Recitals. Findings and Declarations.