Nevada County Municipal Code Ch. 27 Bidding Procedure

The provisions of this Chapter shall be employed on all County of Nevada public projects.

(Ord. 2522. (04/18/2023))

Public project means:

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

B. Work in or about streams, bays, waterfront, embankment, 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, waterfront, embankments, or other maintenance, repair, or reconstruction work for protection against overflow.

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.

Expenditures for public projects shall not include the costs of:

A. Equipment, supplies and materials acquired by a public agency to enable the timely completion of a public project.

B. Plans, specifications, engineering and advertising required for public projects.

(Ord. 2522. (04/18/2023))

Informal bids may be used: Public projects between four thousand dollars ($4,000.00) and ten thousand dollars ($10,000.00).

Formal bids shall be used: Public projects of ten thousand dollars ($10,000.00) or more.

(Ord. 755. (06/28/1976); Ord. 2522. (04/18/2023))

1. Purchasing Agent is designated, authorized and directed to carry out the provisions of this Chapter.

2. Purchasing Agent shall notify interested contractor(s) of the County of Nevada of the opportunity to register with the County to be subsequently notified of informal bidding proceedings. The list shall be maintained currently and shall be a public record.

a. Purchasing Agent shall publish notice for informal bids in a newspaper of general circulation printed and published within the County of Nevada.

b. Notice shall be published in accordance with Cal. Pub. Cont. Code § 20150.7 and Cal. Gov't Code § 6061 and shall be completed at least twenty-four (24) hours before the time scheduled for opening of bids.

c. Purchasing Agent may give supplemental notice by mailing notice to contractors on the list required by Section 2.27.040(2) in this Chapter.

d. Purchasing Agent may use display advertising and may invite bids in a trade publication.

e. The notice shall describe in general terms the project to be done and state a closing date for submission of such informal bids. The notice shall reserve the right to reject all bids.

f. The Purchasing Agent shall have the right to execute for the County all contracts for public projects not in excess of ten thousand dollars ($10,000.00) when properly budgeted.

(Ord. 2522. (04/18/2023))

1. 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.

2. First publication of 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 (5) days apart, in a newspaper of general circulation, printed and published in the jurisdiction of the County. Notice may also be published in trade publications.

(Ord. 2522. (04/18/2023))

In its discretion, the County may reject any bids presented. If, after the first invitation for bids, all bids are rejected, after re-evaluating its cost estimates of the project, the County shall abandon the project or shall re-advertise for bids in the manner prescribed by this Chapter. If after re-advertising, the County rejects all bids presented, the County may proceed with the project by use of County personnel or may re-advertise. If two (2) or more bids are the same and the lowest, the County may accept the one (1) it chooses. If no bids are received, the County may have the project done without further complying with this Chapter.

(Ord. 2522. (04/18/2023))

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 (⅘) 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 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. 2522. (04/18/2023))

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).

All bidders on public projects which exceed ten thousand dollars ($10,000.00) in cost, shall be afforded the opportunity to examine the plans, specifications, and working details for the project.

(Ord. 2522. (04/18/2023))

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 California Welfare & 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 Cal. Gov't Code § 25359, and public projects involving persons engaged in Federal, State or County job or work training programs.

(Ord. 2522. (04/18/2023))

A. On any public project subject to the provisions of this Chapter, or to the provisions of the California Public Contracts Code, and requiring the solicitation of formal bids where the bids are in excess of twenty-five thousand dollars ($25,000.00). The County shall require the posting of: (1) bid bonds and (2) performance bonds and labor and materials bonds as a prerequisite to the entering into a contract as follows:

1. For contracts less than five million dollars ($5,000,000.00), the performance bond and labor and material bond shall each be in an amount equal to one hundred percent (100%) of the value of the contract.

2. For contracts of five million dollars ($5,000,000.00) to ten million dollars ($10,000,000.00) or more, the performance bond and labor and material bond shall each be in an amount equal to fifty percent (50%) of the value of the bid.

3. For contracts over ten million dollars ($10,000,000.00), the performance bond and labor and material bond shall each be in an amount equal to twenty-five percent (25%) of the value of the contract.

4. Where bid bonds are required, they shall be in an amount equal to ten percent (10%) of the value of the contract.

(Ord. 2522. (04/18/2023))

A. Pursuant to Cal. Pub. Cont. Code § 20134, in cases of emergency, when repair or replacement or other action is necessary to permit the continued conduct of County operations or services, or to avoid danger to life or property, the Board of Supervisors, by majority consent, may proceed at once to replace or repair any and all facilities without adopting the plans, specifications, strain sheets, or working details or giving notice for bids to let contracts.

B. The Board of Supervisors may authorize any such work to be done by day labor, by contract, or by a combination of the two (2). If the work is done wholly or in part by contract, the contractor shall be paid the actual cost of the use of machinery and tools and of material, and labor and of worker's compensation insurance expended by them in doing the work, plus not more than fifteen percent (15%) to cover all profits and administration. Any such contract shall include a requirement for the payment of prevailing wages in accordance with the provisions of State law. No more than the lowest current market prices shall be paid for materials whenever possible.

C. For the purpose of this Section, an "emergency" shall be defined as follows:

1. Time of war, siege or attack or threat of war, siege or attack.

2. Conditions of disaster or of imminent peril to safety of persons or property caused by such conditions as severe air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, earthquake or other such conditions.

3. Time of work stoppage or labor controversy or conditions which by reason of magnitude are or are likely to be beyond the control of the services, personnel, equipment and facilities of the County.

4. Whenever an order, notice, demand or lawsuit or threat of order, notice, demand or lawsuit is filed against the County of Nevada by a regulatory or enforcement agency, either State or Federal, having jurisdiction over the County which order, notice, demand or lawsuit poses an immediate threat of fine, closure of a facility or interruption of vital or mandatory service.

5. Any other threat to a function of government which is conducted for the protection of the public health, safety and/or welfare, the interruption of which would pose a severe threat of harm to the public health, safety and/or welfare.

D. A determination that an emergency exists shall be made by the Board of Supervisors prior to the making of any repairs or replacements under this Section or taking any other authorized action. When the emergency is of such a nature that immediate action is necessary, the Board of Supervisors shall hold an emergency meeting pursuant to the provisions of the Brown Act, Cal. Gov't Code § 54956.5. In the event that it is not possible to conduct a meeting due to the nature of the emergency or disaster, the County Executive Officer or, in their absence or incapacity, the Assistant County Executive Officer, or in both of their absences or incapacity, the Director of the Nevada County Office of Emergency Services, may authorize the necessary work or direct the repair or replacement and their actions shall be reported to the Board of Supervisors at its next meeting. Said actions shall only be those necessary to protect people and property from injury until a meeting of the Board of Supervisors may be convened.

E. Notwithstanding the ability to let contracts under this Section without bidding and wherever it is feasible to do so, informal bids shall be obtained from contractors by telephonic solicitation prior to the award of any contract for emergency repairs or replacements.

(Ord. 2522. (04/18/2023))

The Director of the Department of Public Works is authorized to order changes or additions in any work being performed on County Highways which work is being performed pursuant to Article 25 of the California Public Contract Code (commencing with Cal. Pub. Cont. Code § 20390) whenever the Board of Supervisors has authorized a contingency fund to cover such changes or additions. When so ordered, any change or addition to the work shall not exceed ten percent (10%) of the original contract price or the amount of the contingency, whichever is less. Any change orders exceeding the above limits shall be brought to the Board of Supervisors for approval. The Board may authorize such changes where the Board makes a finding that it is in the public interest to do so, may deny the change or may require that the work be publicly bid.

(Ord. 2522. (04/18/2023))