Chapter 15.09 — PUBLIC PROJECTS

Section

• Article I: Public Works Projects Under California
• Public Contract Code §§ 20100 et seq.
• 15.09.001 Purpose
• 15.09.002 Public Works role and responsibility
• 15.09.003 Public project defined
• 15.09.004 Expenditures not included in public projects
• 15.09.005 Informal and formal bidding
• 15.09.006 Informal bidding procedures
• 15.09.007 Formal bidding procedures
• 15.09.008 Rejection of bids
• 15.09.009 Cost estimate re-evaluation
• 15.09.010 Public project - plans and specifications
• 15.09.011 Awards
• 15.09.012 Splitting work prohibited
• 15.09.013 Purchasing and Contracting Policy Manual
• Article II: Public Works Projects Under California
• Public Contract Code §§ 22000 et seq.
• 15.09.050 Informal bid procedures
• 15.09.051 Contractors list
• 15.09.052 Notice inviting informal bids
• 15.09.053 Award of bids
• ARTICLE I: PUBLIC WORKS PROJECTS UNDER CALIFORNIA
• PUBLIC CONTRACT CODE §§ 20100 ET SEQ.

The purpose of this chapter is to adopt the provisions of the Cal. Public Contract Code beginning at § 20100 as it relates to public projects engaged in by the county. (Ord. 851, § 1 (part), 2010)

The Public Works Department is the lead agency for all public projects and all county building repair and/or maintenance. The bid documents and solicitations will be administered and developed by the department, consistent with requirements of state law, and reviewed and approved by County Counsel. (Ord. 851, § 1 (part), 2010)

(A) PUBLIC PROJECT means: (1) A project for the erection, improvement, and repair of public buildings and works. (2) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow, except maintenance, repair or reconstruction work. (3) Supplies and materials used in maintenance, repair or reconstruction work in or about streams, bays, waterfronts, embankments; or other maintenance, repair or reconstruction for protection against overflow. (B) The provisions of this chapter shall not change existing law regarding inclusion or exclusion of labor or materials used for completion of the project. (C) Except for the erection, improvement and repair of public buildings, the construction of dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher, nothing in this chapter shall apply to a publicly owned water, power or waste disposal system. (Ord. 851, § 1 (part), 2010)

Expenditures for public projects shall not include the cost of: (A) Equipment, supplies and materials acquired by a public agency to enable the timely completion of a public project as defined in Cal. Public Contract Code § 20150.2(c) let to a contractor. (B) Plans, specifications, engineering and advertising required for public projects. (Ord. 851, § 1 (part), 2010)

(A) The Cal. Public Contract Code § 20150.5 provides that each county shall adopt an ordinance providing for formal and informal bidding procedures consistent with Cal. Public Contract Code §§ 20150.1 through 20150.14 (B) Public projects between $4,000 and $10,000 shall be let to contract by informal or formal bidding procedures. (C) Public projects of $10,000 and more shall be let to contract by formal bidding procedures. (Ord. 851, § 1 (part), 2010)

Informal bidding procedures shall publish notice and may supplement mailed notices to contractors. The notice shall describe in general terms the project to be done and state a closing date for submission of informal bids. Publication of notice shall be in a newspaper of general circulation printed and published within the county. Notice shall be published in accordance with Cal. Gov't Code § 6061 and shall be completed at least 24 hours before the time scheduled for opening of bids. In addition, the county may also publish a notice inviting bids in a trade publication. (Ord. 851, § 1 (part), 2010)

Formal bidding procedures 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 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. In addition, the county may also publish a notice inviting bids in a trade publication. (Ord. 851, § 1 (part), 2010)

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. 851, § 1 (part), 2010)

Notwithstanding the provisions of § 15.09.008, 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, it may have the project done in the manner stated without further complying with this chapter. (Ord. 851, § 1 (part), 2010)

The Board of Supervisors of the county shall adopt plans, specifications and working details for all public projects the expenditure for which exceeds $10,000. (Ord. 851, § 1 (part), 2010)

Awards will be made to the lowest responsive, responsible bidder in conformance with award criteria set forth in Cal. Gov't Code § 25501, Cal. Public Contract Code §§ 20120 et seq. and Cal. Labor Code §§ 1720, et seq. (Ord. 851, § 1 (part), 2010)

It is unlawful to split or separate into smaller work orders or projects any public project for the purpose of evading the provisions of this chapter requiring public projects to be done by contract after bidding. Every person who willfully violates this section is guilty of a misdemeanor. (Ord. 851, § 1 (part), 2010)

Board adoption of this chapter shall be accompanied by the adoption of a County Purchasing and Contracting Policy Manual identifying specific procedures in regards to public projects, to implement the provisions of this chapter. From time to time, it may be amended and updated as deemed appropriate by the Board of Supervisors. (Ord. 851, § 1 (part), 2010)