Imperial County Municipal Code Ch. 4.08 Public Project Bidding Procedures

It is the intent of the board of supervisors of the county of Imperial in enacting this chapter to authorize and establish the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000. et seq.) in the county and to provide for informal and formal bidding procedures as required thereunder.

(Ord. 1216 § 1 (part), 1999: prior code § 23450)

A. Monetary Limit. Public projects, as defined under Public Contract Code Section 22002, of twenty-five thousand dollars ($25,000.00) or less, pursuant to Public Contract Code Section 22032, may be performed by the employees of the county by force account, by negotiated contract, or by purchase order. However, pursuant to Public Contract Code Section 22020, the monetary limit set forth under this section shall be adjusted to equal those adjustments established by the California State Controller. These adjustments shall be effective beginning the fiscal year which commences not less than sixty (60) days following the State Controller's notification to the county of the adjustment.

B. Decisions to Perform Work. The county executive officer is delegated the authority to decide whether work performed under this section shall be done by force account, negotiated contract, or by purchase order. The county executive officer shall also be delegated the authority to award and execute contracts under this section. However, the county executive officer may not enter into any contracts under this section unless and until the county counsel's office approves any such contract as to form. Notwithstanding, the county purchasing agent, pursuant to Government Code Section 25502.3 and Section 2.52.030 of this code, shall be authorized to contract for work performed under this section in an amount not to exceed that amount set forth under Government Code Section 25502.3.

(Ord. 1216 § 1 (part), 1999: prior code § 23451)

A. Monetary Limit. Public projects, as defined under Public Contract Code Section 22002, of seventy-five thousand dollars ($75,000) or less may be let to contract by the informal procedures set forth in Section 22032, et seq., of the Public Contract Code. However, public projects, as defined under Public Contract Code Section 22002, greater than twenty-five thousand dollars ($25,000.00) but less than or equal to seventy-five thousand dollars ($75,000.00) shall be required to be let to contract by the informal procedures set forth in Section 22032, et seq. of the Public Contract Code. Pursuant to Public Contract Code Section 22020, the monetary limits set forth under this section shall be adjusted to equal those adjustments established by the California State Controller. The adjustments shall be effective beginning the fiscal year which commences not less than sixty (60) days following the State Controller's notification to the county of the adjustment. Notwithstanding, if all informal bids received are in excess of the monetary limits established in this section, the county board of supervisors may, by passage of a resolution by a four-fifths vote, award the contract, at an amount equal to or less than that specified in Public Contract Code Section 22034(f), to the lowest responsible bidder, if it determines the cost estimate of the county was reasonable.

B. Contractors List for Informal Bids. A list of contractors shall be developed and maintained 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.

C. Notice Inviting Informal Bids. Where a public project is required to be performed under the provisions of this section, 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 in accordance with subsection (B) of this section, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. The clerk of the board of supervisors shall be responsible for issuing the notices required under this section. Additional contractors and/or construction trade journals may be notified at the discretion of the county department/agency soliciting bids; provided however:

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;

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.

D. Award of Informal Bid Contracts. The county executive officer is delegated the authority to award and execute informal bid contracts pursuant to Public Contract Code Section 22034(e) and this section. However, the county executive officer may not enter into any contracts under this section unless and until the county counsel's office approves any such contract as to form. The contract shall be awarded to the lowest responsible bidder, and the person to whom the contract is awarded shall perform the work in accordance with the plans, specifications, strain sheets, and working details, unless the contract is modified by a four-fifths vote of the board of supervisors.

(Ord. 1216 § 1 (part), 1999: prior code § 23452)

A. Monetary Limit. Public projects, as defined under Public Contract Code Section 22002, of more than seventy-five thousand dollars ($75,000.00), except as otherwise provided in this chapter and/or Public Contract Code Sections 22000 et seq., shall be let to contract by formal bidding procedures. However, pursuant to Public Contract Code Section 22020, the monetary limit set forth under this section shall be adjusted to equal those adjustments established by the California State Controller. These adjustments shall be effective beginning the fiscal year which commences not less than sixty (60) days following the State Controller's notification to the county of the adjustment.

B. Notice Inviting Formal Bids. Where a public project is to be performed which is subject to the provisions of this section, a notice inviting formal bids shall comply with the notice requirements set forth under Public Contract Code Section 22037. The clerk of the board of supervisors shall be responsible for issuing the notices required under this section.

C. Award of Formal Bid Contracts. The county board of supervisors shall have the sole authority under this section to award formal bid contracts. The board shall award the contract to the lowest responsible bidder, and the person to whom the contract is awarded shall perform the work in accordance with the plans, specifications, strain sheets, and working details, unless the contract is modified by a four-fifths vote of the board.

(Ord. 1216 § 1 (part), 1999: prior code § 23453)

In its discretion, the county may reject any bids presented. If after the first invitation of bids all bids are rejected, after re-evaluating its cost estimates of the project, the county shall have the option to proceed with the project in accordance with Public Contract Code Section 22038.

(Ord. 1216 § 1 (part), 1999: prior code § 23454)

The county, pursuant to Public Contract Code Section 22039, shall adopt plans, specifications and working details for all public projects exceeding the amount specified in Public Contract Code Section 22032(c). Any person, pursuant to Public Contract Code Section 22040, may examine the plans, specifications, or working details, or all of these, adopted by the county for any project.

(Ord. 1216 § 1 (part), 1999: prior code § 23455)

In cases of emergencies when repair or replacements are necessary, the county, pursuant to Public Contract Code Section 22035, 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. The work may be done by day labor under the direction of the board of supervisors, by contractor, or by a combination of the two. If notice for bids to let contracts will not be given, the county shall, pursuant to Public Contract Code Section 22035, comply with the requirements set forth under Public Contract Code Section 22050.

(Ord. 1216 § 1 (part), 1999: prior code § 23456)

This chapter shall not apply to those projects set forth under Public Contract Code Section 22041.

(Ord. 1216 § 1 (part), 1999: prior code § 23457)

Nothing in this chapter, pursuant to Public Contract Code Section 22031, shall prohibit the board of supervisors or a county road commissioner from utilizing, as an alternative to the procedures set forth herein, the procedures set forth under Public Contract Code Section 20390 et seq.

(Ord. 1216 § 1 (part), 1999: prior code § 23458)

Pursuant to Public Contract Code Section 22033, 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 and/or Public Contract Code Sections 22000 et. seq. requiring work to be done by contract after competitive bidding.

(Ord. 1216 § 1 (part), 1999: prior code § 23459)

Pursuant to Public Contract Code Section 22042 et seq., the work performed on projects specified therein and related accounting procedures used, shall be subject to the review process of the California Uniform Construction Cost Accounting Commission.

(Ord. 1216 § 1 (part), 1999: prior code § 23460)