Kings County Municipal Code Art. III Public Project Bidding Procedures

Footnotes:

--- (2) ---

Editor's note— Ord. No. 536.3, § 1, adopted Aug. 6, 2013, amended Art. III in its entirety to read as set out herein. Former Art. III, §§ 9-40—9-45, pertained to similar subject matter and derived from Ord. No. 536, § 1, adopted Sept. 20, 1994; Ord. No. 536.2, § 1, adopted Sept. 22, 2009.

(a) It is the intent of this article to direct and authorize the establishment and maintenance of informal bidding procedures for the County of Kings in accordance with Section 22034 of the Public Contract Code to govern the selection of contractors to perform public projects under the Uniform Public Construction Cost Accounting Act (the "Act").

(b) This article shall be in effect throughout Kings County and shall apply to the performance of all public projects undertaken by, or to be undertaken by, Kings County, and it shall be liberally construed for the accomplishment of its purposes.

(Ord. No. 536.3, § 1, 8-6-13)

For the purpose of this article, the terms, phrases, and words used in this article shall have the same meaning given them in the Public Contract Code of the State of California. When not inconsistent with the context, words used in the present tense include the future, words used in the plural include the singular, and words used in the singular include the plural. The words "include," "including," or other similar words of inclusion shall mean without limitation or restriction.

(Ord. No. 536.3, § 1, 8-6-13)

Any public project to be undertaken by the county the estimated cost of which is less than $45,000.00 (or such other amount as may be established by the Legislature pursuant to Government Code Section 22032, as that statute may be amended from time to time) may be performed by Kings County employees by force account, by negotiated contract, or by purchase order.

(Ord. No. 536.3, § 1, 8-6-13)

(a) Any public project to be undertaken by the county the estimated cost of which is $175,000.00 (or such other amount as may be established by the legislature pursuant to Government Code Section 22032, as that statute may be amended from time to time) or less may be let to contract by the informal procedures established in this section.

(b) A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and in accordance with criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

(c) Where a public project is to be performed which is subject to 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 of contractors described in paragraph (b) above, or 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. All mailing of notices to contractors and construction trade journals under this provision shall be completed not less than ten calendar days before bids are due. Additional contractors or construction trade journals may be notified at the discretion of the county, 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 California Uniform Construction Cost Accounting 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) If all bids received are in excess of the amount set forth in subdivision (a) of this section, the board may by adoption of a resolution by a four-fifths vote, award the contract to the lowest responsible bidder at the amount of $187,500.00 (or such other amount as may be established by the legislature pursuant to Government Code Section 22034, as that statute may be amended from time to time) or less, if it determines that the cost estimate prepared by the agency was reasonable.

(Ord. No. 536.3, § 1, 8-6-13)

The public works director, with the written concurrence of the county administrative officer, is hereby authorized to award contracts pursuant to the informal procedures established in this article, subject to the requirement that the current adopted county budget provides for the work.

(Ord. No. 536.3, § 1, 8-6-13)

(a) Nothing in this article shall prohibit, or be construed to prohibit, the Kings County Board of Supervisors, the public works director, the Kings County Roads Commissioner, or the Kings County Purchasing Agent from utilizing the alternative procedures set forth in Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code.

(b) Nothing in this article shall prohibit, or be construed to prohibit, the Kings County Board of Supervisors or the Director of Public Works from utilizing the alternative procedures set forth in Article 25 (commencing with Section 20390) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code for both of the following:

(1) Road maintenance and emergency work.

(2) New road construction and road reconstruction, as long as the total annual value of the new road construction and the road reconstruction performed under the procedures set forth in subdivision (c) of Section 20395 of the Public Contract Code does not exceed 30 percent of the total value of all work performed by force account other than maintenance as reported in the state controller's streets and roads annual report as of January 1 of each year.

(Ord. No. 536.3, § 1, 8-6-13)