Monterey County Municipal Code Ch. 5.08 Bidding

The purpose of this Chapter is to comply with Public Contract Code Sections 20150—20150.14.

(Ord. 3490, 1990; Ord. 1862 § 1, 1972)

As used in this Chapter, "public project" means:

A. A project for the erection, improvement, and repair of public buildings and works;

B. Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow, except maintenance, repair, or reconstruction work;

C. Supplies and materials used in maintenance, repair, or reconstruction work in or about streams, bays, waterfronts, embankments; or other maintenance, repair, or reconstruction work for protection against overflow.

(Ord. 1862 § 2(a), 1972)

A. Public projects between four thousand dollars ($4,000.00) and ten thousand dollars ($10,000.00) shall be let to contract by informal or formal bidding procedures.

B. Public projects of ten thousand dollars ($10,000.00) and more shall, in all instances, be let to contract by formal bidding procedure.

(Ord. 1862 § 3, 1972)

Before any provisions of this Chapter relating to informal bidding procedures may be utilized, the County shall notify each contractor in the County of the opportunity to register with the County to be subsequently notified of informal bidding proceedings.

(Ord. 1862 § 4, 1972)

A. The notice inviting informal bids shall be by published notice and may, in addition, be supplemented by mailed notice to contractors registered pursuant to Section 5.08.040. The County may cause the notice to be printed as display advertising in such form and style as it deems appropriate. The notice shall describe in general terms the project to be done and state closing date for submission of such informal bids. Publication of notice pursuant to this Section shall be in a newspaper of general circulation printed and published within the jurisdiction of the County. Notice shall be published in accordance with Section 6061 of the Government Code, and shall be completed at least twenty-four (24) hours before the time scheduled for opening of the bids.

B. In addition to notice published in a newspaper of general circulation, or mailed, pursuant to this Section, the County may also publish notice inviting bids in a trade publication.

C. Bids shall be opened, examined and declared by the Monterey County Purchasing Agent in the presence of the County Counsel and Clerk of the Board of Supervisors at a public meeting called by said Purchasing Agent in accordance with the notice inviting bids. The results of the bidding shall be reported to the Board of Supervisors at the next regular meeting after said bid opening.

(Ord. 2628 (part), 1980; Ord. 1862 § 5, 1972)

A. The notices inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly state the project to be done. The first publication or posting of the notice shall be at least ten (10) days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the jurisdiction of the County.

B. In addition to notice published in a newspaper of general circulation, pursuant to this Section, the County may also publish notice inviting bids in a trade publication.

C. Bids shall be opened, examined and declared by the Monterey County Purchasing Agent in the presence of the County Counsel and Clerk of the Board of Supervisors at a public meeting called by said Purchasing Agent in accordance with the notice inviting bids.

The results of the bidding shall be reported to the Board of Supervisors at the next regular meeting after said bid opening.

(Ord. 2628 (part), 1980; Ord 1862 § 5, 1972)

In its discretion, the County may reject any bids presented. If, after the first invitation for bids, all bids are rejected, after reevaluating its cost estimates of the project, the County shall abandon the project or shall readvertise for bids in the manner prescribed by this Chapter. If, after readvertising, the County rejects all bids presented, the County may proceed with the project by use of County personnel or may readvertise. If two or more bids are the same and the lowest, the County may accept the one it chooses. If no bids are received, the County may have the project done without further complying with this Chapter.

(Ord. 1862 § 7, 1972)

Notwithstanding the provisions of Section 5.08.070, if, after the first invitation for bids, all bids are rejected, the County may, after reevaluating its cost estimates of the project, pass a resolution by a four-fifths vote of its Board of Supervisors declaring that the project can be performed more economically by County personnel, or that in its opinion a contract to perform the project can be negotiated at a lower price than that in any of the bids, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution by a four-fifths vote of its Board of Supervisors declaring that the project can be performed more economically by County personnel, or that in its opinion a contract to perform the project can be negotiated at a lower price than that in any of the bids, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may have the project done in the manner stated without further complying with this Chapter.

(Ord. 1862 § 8, 1972)

The Board of Supervisors of the County shall adopt plans, specifications, and working details for all public projects the expenditure for which exceeds ten thousand dollars ($10,000.00).

(Ord. 1862 § 9, 1972)

Except for the erection, improvement and repair of public buildings, the construction of dams, reservoirs, power plants and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher, nothing in this Chapter shall apply to a publicly owned water, power or waste disposal system.

(Ord. 1862 § 2(b), 1972)

The provisions of this Chapter shall not apply to the construction of any public building 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 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 or work training programs.

(Ord. 1862 § 10, 1972)

A. Findings. The Board of Supervisors of the County of Monterey finds and declares as follows:

1. Unemployment rates in Monterey County have been consistently higher than in California as a whole. The average annual unemployment rate in Monterey County in 1995 was 12.5 percent. The unemployment rate fluctuates seasonally because of the seasonal nature of many of the major industries in the County such as agriculture, food processing, construction, and tourism, with unemployment reaching as high as 19.1 percent in January 1995 for example. Closures of large food processing plants since 1980 and the downsizing and conversion in use of Fort Ord have also resulted in job layoffs. (Source: 1996 Annual Report of the Monterey County Overall Economic Development Commission, June 1996.)

2. The economy and employment in the County have begun to improve. For example, from February 1996 to June 1996, the number of jobs in the County increased in the farm sector as well as in the service and retail trade sectors. However, the number of jobs in the construction industry during the period did not grow. (Source: 1996 Annual Report of the Monterey County Overall Economic Development Commission, June 1996.)

3. The Monterey County Overall Economic Development Commission has concluded that Monterey County needs an expanding employment base; most employment opportunities in the County arise when existing jobs become vacant, whereas expansions account for new job creation in other areas. (Source: 1996 Annual Report of the Monterey County Overall Economic Development Commission, June 1996, p. 18.)

4. A policy that encourages contractors who receive County public works contracts to hire residents in the Monterey Bay Area will benefit the County as a whole. The policy will provide job opportunities to County residents, expand the County's employment base, and lessen the drain on public assistance resources caused by high unemployment.

B. General Provisions.

1. All County contracts for public works of improvement shall contain provisions pursuant to which the contractor shall make a good-faith effort to employ qualified individuals who are, and have been for at least one (1) year out of the past three (3) years prior to the opening of bids, residents of the Monterey Bay Area in sufficient numbers so that no less than fifty (50) percent of the contractor's total construction work force, on that particular contract, including any subcontractor work force (with exception of specialty subcontractor items identified in bid items) measured in labor work hours, is comprised of Monterey Bay Area residents.

2. Required Documentation.

a. The contractor shall keep an accurate record on a standardized form showing the name, place of residence, trade classifications, hours worked, proof of journeyperson or apprenticeship status, per diem wages and benefits of each person employed by the contractor, the contractor's subcontractors, on the specific public works project, including full-time, part-time, permanent and temporary employees, make sure records are available to the County with submission of final certified payroll records prior to final payment.

b. The contractor shall keep, and provide to the County, on forms acceptable to the County, an accurate record documenting compliance with this chapter. Said records shall include: a listing by name and business address of all local recruitment sources contacted by the contractor, the date of the local recruitment contact and the identity of the person contacted, the trade and classification and number of hire referrals requested, the number of local hires made as a result of the contract, and the identity of business address of the person(s) hired pursuant to the contact.

c. At the conclusion of each project and at other intervals as may be deemed appropriate by the project manager, the contractor shall provide a summary report of the percentage of actual labor work hours performed by Monterey Bay Area residents for each prime and subcontractor assigned to the project.

C. Non-responsive Bidder Declaration — Enforcement. If any contractor submitting a bid for a contract for public works of improvement fails to abide by the good-faith local hiring provisions of this Section, the contractor may be declared by the Board to be a non-responsive bidder for purposes of this Chapter. If a contractor lists in his or her bid a subcontractor who is currently disqualified under the terms of this Section, the Board may declare said contractor to be a non-responsive bidder for purposes of this Chapter. If the Board finds that a contractor to whom a contract for public works of improvement has been awarded has failed to comply with the good-faith hiring provisions of this Section during the performance of the contract, the Board may disqualify the contractor from bidding on any County contract for public works of improvement for a period of one year from the date of the Board's disqualification. A subsequent violation of this Section by a contractor may result in disqualification by the Board for a period of three years from the date of the subsequent disqualification.

D. Binding on Subcontractors. Every contractor entering into a contract for public works of improvement subject to the provisions of this Section shall include in each and every subcontract for work, laborers, or material relating to the project the requirement that the subcontractor promises to make a good-faith effort to hire qualified individuals who are, and have been for at least one year prior to the opening of bids, residents of the Monterey Bay Area. If the Board finds that any subcontractor has failed during the performance of the subcontract to comply with its promise to contractor, the Board may disqualify said subcontractor from submitting or being listed in any bid for any County contract for public works of improvement for a period of one year from the date of the Board's disqualification. A subsequent violation by a subcontractor may result in disqualification by the Board for a period of three years from the date of the subsequent disqualification.

E. Disqualification List. The Clerk to the Board shall keep on file a list containing the names of the currently disqualified contractors and subcontractors, if any, and the dates of their respective disqualification periods. After a contractor's or subcontractor's disqualification period expires, the Clerk shall expunge the name of the contractor or subcontractor from the list, but the Clerk to the Board shall keep a separate record of the names of those who have been but are no longer disqualified and the period of their disqualification. Any County department managing the bidding procedures for a County contract for public works of improvement shall have on file at the department the Clerk's list of currently disqualified contractors and subcontractors, and the department shall permit prospective bidders to review said list.

F. Exceptions. The provisions of this section shall not apply where the provision would conflict with a State or Federal law or regulation applicable to a particular contract for public works of improvement or where the Board, in accordance with the requirements of this Code or State law, determines that the contract is necessary to respond to a declared emergency which endangers the public health, safety, or welfare and that there is not time to apply the provisions of this section.

G. Rules and Regulations. The Purchasing Agent shall prescribe rules, regulations, and procedures relating to the application, administration, and interpretation of the provisions of this Section. The rules, regulations, and procedures shall be consistent with the provisions of this Section and may specify details and forms to be used.

H. Definitions. For the purpose of this Section, the following terms have the meanings indicated:

1. "Board" shall mean the Monterey County Board of Supervisors.

2. "Qualified individual" shall mean a person who is specially trained, skilled, and experienced in the work, trade, or craft specified in the portion of the public work of improvement to be performed or who is enrolled in a certified State or federally approved apprenticeship program in the applicable trade or who is a journey person in his or her applicable trade.

3. "Resident of Monterey Bay Area" shall mean a person who resides within the boundaries of Monterey County, Santa Cruz County, or San Benito County.

4. A "good-faith" effort means the contractor will take the following or similar actions to recruit and maintain Monterey Bay Area residents as part of the construction workforce:

a. Contact local recruitment sources, including local hiring halls, to identify qualified individuals who are Monterey Bay Area residents;

b. Advertise for qualified Monterey Bay Area residents in trade papers, electronic/"on-line" sources, and newspapers of general circulation in the Monterey Bay Area, unless time limits imposed by County do not permit such advertising;

c. If portions of the work are to be performed by subcontractors, identify qualified subcontractors whose workforce includes Monterey Bay Area residents; and

d. If current workforce does not exceed the fifty (50) percent local requirement, develop a written plan to recruit Monterey Bay Area residents as part of the construction workforce.

I. Forms Submitted Under Penalty of Perjury. Contractors submitting forms required under this Section shall, on any such form, certify in writing under penalty of perjury that the submission is true and correct.

(Ord. No. 5210, §§ 1—4, 12-11-2012; Ord. 3954, 1998; Ord. 3954, 1998; Ord. 3906, 1997)

Editor's note— Ord. No. 5210, § 1, adopted December 11, 2012, changed the title of Section 5.08.120 from "Local hiring—Public works contractors" to "Local employment—Public works contractors." The historical notation has been preserved for reference purposes.