Mendocino County Municipal Code Ch. 2.33 Alternative Procedure for Bidding for Public Contracts

"Public project," as defined by Section 22002 of the Public Contract Code, shall mean the construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any County-owned, leased, or operated facility; and the painting or repainting of any County-owned, leased, or operated facility; provided, however, that "public project" shall not include maintenance work as defined in Section 22002 of the Public Contract Code.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

(A) Public projects, with limits as defined by Section 22032 of the Public Contract Code, may be performed by County employees by force account, by negotiated contract, or by purchase order.

(B) Public projects with limits as defined by Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth herein.

(C) Public projects, with limits as defined by Section 22032 of the Public Contract Code, shall, except as otherwise provided in Article 3 of Public Contract Code Section 22000 et seq., be let to contract by formal bidding procedure.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

Public projects may be let to contract by informal bidding procedures as established pursuant to Section 22032 et seq. of the Public Contract Code. If all bids received are in excess of the limits as set forth in Section 22032 et seq. of the Public Contract Code the Board of Supervisors may, by passage of a resolution by a four-fifths vote, award the contract, as set forth in Section 22032 et seq. of the Public Contract Code, to the lowest responsible bidder if it determines that the cost estimate of the County was reasonable.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

A list of qualified contractors, identified according to categories of work, shall be developed and maintained by the Purchasing Agent 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. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

Where a public project is to be performed pursuant to the provisions of this section, a notice inviting informal bids, as set forth below, shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 2.33.031, 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, or both all contractors on the list for the category of work being bid and all construction trade journals specified in Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the agency head soliciting bids; provided, however, that 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; or 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. All mailing of notices to contractors and construction trade journals shall be completed not less than ten (10) calendar days before bids are due. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

The County Purchasing Agent is authorized to award contracts for public projects, let by informal bid procedures up to the limits as set forth in Section 22032 et seq. of the Public Contract Code. The contract shall be awarded to the lowest responsible bidder if the Purchasing Agent considers the bid to be reasonable, sufficient funds have been appropriated, and the bid is within the limits prescribed for award.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

Formal Public projects, as set forth in Section 22032 et seq. of the Public Contract Code, shall, except as otherwise provided herein, be let to contract by formal bidding procedures. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids, in a newspaper of general circulation, printed and published in the county. The notice inviting formal bids shall also be mailed to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. The notice shall be mailed at least thirty (30) calendar days before the date of opening the bids. In addition to notice required by this section, the agency head may also give such other notice as it deems proper.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

The limits wherein Public projects may be performed by County employees by force account, by negotiated contract, or by purchase order by the Purchasing Agent are set forth in Section 22032 et seq. of the Public Contract Code. Public projects exceeding the limits as set forth in Section 22032 et seq. of the Public Contract Code shall be let to contract by formal or informal bidding procedures as set forth herein.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

Pursuant to provisions of Section 22003 of the Public Contract Code, the Purchasing Agent may also utilize the above procedures when contracting for maintenance work as defined in Section 22002 of the Public Contract Code.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

Pursuant to the provisions of Section 22031 of the Public Contract Code, nothing in Section 2.33 shall prohibit the Board of Supervisors or the County Road Commissioner from utilizing, as an alternative to the procedures set forth in this section, the procedures set forth in Article 25 (commencing with Section 20390) of Chapter 1 of the Public Contract Code.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)

(A) In cases of emergency when repair or replacements are necessary, the Board of Supervisors 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.

(B) In case of an emergency, if notice for bids to let contracts will not be given, the County shall comply with Chapter 2.5 (commencing with Section 22050) of the Public Contract Code.

(Ord. No. 4037, Sec. III, adopted 1999; Ord. No. 4205 (part), adopted 2008.)