Inyo County Municipal Code Ch. 11.05 Public Works Contracts

This chapter shall be known as "Public Works Contracts."

(Ord. 529 § 1, 1984)

It is the intent of this chapter to establish county public works contract regulations.

(Ord. 529 § 2, 1984)

The following words and phrases shall have the meanings set out in this section:

"Bid"

means any proposal submitted to the county in competition for any public project.

"Bid procedure (formal)"

means the procedure for advertisement and award of contracts for public projects for which the engineer's estimate is ten thousand dollars or greater.

"Bid procedures (informal)"

means procedures which may be used for advertisement and award of public projects for which the engineer's estimate is between four thousand dollars and ten thousand dollars.

"Public project"

means a project for which the improvement, erection and repair of buildings or works, as described in Public Contracting Code, Section 20150.2, Public Project.

(Ord. 529 § 2, 1984)

The county will furnish to each bidder a proposal form, which, when filled out and executed, may be submitted as the bidder's bid. The proposal shall be submitted in a sealed envelope, plainly marked as required by the Notice to Bidders. Proposals which are not properly marked may be rejected.

(Ord. 529 § 2, 1984)

Proposals may be rejected if they show any alteration of form, erasures, additions not called for in the specifications or contract, incomplete bids, conditional bids, irregularities of any kind, or failure to complete and furnish all necessary forms and statements included as part of the proposal.

(Ord. 529 § 2, 1984)

All bids shall be accompanied by a bidder's security in the amount equal to at least ten percent of the bid.

The security shall be in one of the following forms:

A. Cashier's check made payable to the county;

B. A certified check made payable to the county;

C. A bidder's bond, executed by an admitted surety insurer, made payable to the county.

(Ord. 529 § 2, 1984)

If the successful bidder fails to execute the contract within thirty days after award by the county, the bidder's security shall be forfeit to the county.

(Ord. 529 § 2, 1984)

Proposals shall be opened and read publicly at the time and place specified in the Notice to Bidders.

(Ord. 529 § 2, 1984)

All bidders shall be required to have a current California contractor's license.

(Ord. 529 § 2, 1984)

The person awarded the contract shall execute a bond for the faithful performance of the contract in the amount of one hundred percent of the contract amount, and a payment bond for labor and materials in the amount of one hundred percent of the contract amount. The bonds are subject to approval by the board of supervisors.

(Ord. 529 § 2, 1984)

The engineer's estimate shall include only estimated costs of labor, services, equipment and materials to be furnished by the contractor, and shall not include the costs of:

A. Engineering design and project management;

B. Advertising;

C. Equipment, supplies and materials acquired by the county to enable the timely completion of a public project per the Public Contracting Code, Section 20150.3.

(Ord. 529 § 2, 1984)

The public works department shall establish and maintain an informal bid notification list. The list shall consist of California licensed county contractors who have notified the county in writing of their desire to be placed on this list.

(Ord. 529 § 2, 1984)

Notice inviting informal bids shall be by published notice completed at least twenty-four hours prior to the time scheduled for bid opening. The notice may be printed as display advertising and shall include a general description of the project and the closing time and date for bid submission.

(Ord. 529 § 2, 1984)

The notice inviting formal bids shall be published as a legal notice stating the time and place of opening of sealed bids and the project to be done. The notice shall be published for two consecutive weeks with the first notice, being published a minimum of ten days prior to bid opening.

(Ord. 529 § 2, 1984)

The county may in its discretion reject any or all bids.

(Ord. 529 § 2, 1984)

In the event that the county elects to award a contract, it shall be to the lowest responsible bidder. If two or more bids are the same and the lowest, the county may accept the one it chooses.

(Ord. 529 § 2, 1984)

In the event that all bids are rejected after the first invitation for bids, the board of supervisors may, after reevaluating the engineer's estimate, pass a resolution by a four-fifths vote declaring that the project can be performed more economically by the county personnel, or that a contract can be negotiated for a lower price than the lowest responsible bidder, or that materials and supplies may be purchased at a lower price on the open market. In the event that the board of supervisors fails to pass the aforementioned resolution, the project shall be readvertised or abandoned. If, after readvertising, the county rejects all bids, the county may proceed with the project using county personnel or readvertise.

(Ord. 529 § 2, 1984)

The board of supervisors shall adopt plans, specifications and working details for all projects in which the engineer's estimate exceeds ten thousand dollars. Plans and specifications so adopted shall not be changed in any manner which increases the project cost, except by a two-thirds vote of the board of supervisors.

(Ord. 529 § 2, 1984)

Whenever the board of supervisors enters into a public works contract, the contract shall not be altered or changed except:

A. By order adopted by a two-thirds vote of the board, and consent of the contractor;

B. As provided in the contract or specifications;

C. By the county engineer or other county officer authorized by board order.

(Ord. 529 § 2, 1984)

All contract changes or alterations shall be specified in writing as provided by the contract or by duly authorized officer.

(Ord. 529 § 2, 1984)

Pursuant to California Public Contract Code Section 20142(a), the director of public works, or designee, is authorized to order changes or additions in the work being performed under public works contracts. The dollar value of changes or additions authorized by the director of public works shall not exceed the monetary limits set forth in Public Contract Code Section 20142, as it may be amended from time to time. Changes or additions in excess of the monetary limits set forth in Public Contract Code Section 20142 shall be presented to the board of supervisors for approval.

(Ord. 529 § 2, 1984; Ord. 1263 § 3, 2021)

In case of great emergency, including, but not limited to, states of emergency described in Section 8558 of the Government Code, when replacements are necessary to permit the continued conduct of county operations or services, or to avoid danger to life or property, the board of supervisors, by a majority consent, may proceed at once to replace or repair any and all structures without adopting the plans, specifications, strain sheets, or working details or giving notice for bids to let contract. The work may be done by labor under the direction of the board, by contract, or by a combination of the two. If the work is done wholly or in part by contract, the contractor shall be paid the actual cost of use of machinery and tools and of material, and labor and compensation insurance expended by him or her doing the work, plus no more than fifteen percent to cover all profits and administration. No more than the lowest market prices shall be paid for materials whenever possible. The board may waive the requirements of Section 4200 of the Government Code for work performed pursuant to this section. (See Section 20134, Public Contract Code.)

(Ord. 529 § 2, 1984)

Provisions of the county public contractors code shall not apply:

A. To the construction of any public buildings used for facilities of juvenile forestry camps or juvenile homes, ranches, or camps established under Article 15 (commencing with Section 880) of Chapter 2, Part 1, Division 2 of the Welfare and Institutions Code, if a major portion of the construction work is to be performed by wards of the juvenile court assigned to such camps, ranches or homes; or

B. To public projects employing prisoners pursuant to Section 25359 of the Government Code, and public projects involving persons engaged in federal, state or county job work training programs. (See Section 20150.14, Public Contract Code.)

(Ord. 529 § 2, 1984)