Tuolumne County Municipal Code Ch. 3.22 Public Projects Bidding Procedure

Sections:

• 3.22.010

• Title.

• 3.22.020

• Purpose.

• 3.22.030

• Definitions.

• 3.22.040

• Dollar amount limitation.

• 3.22.050

• Informal bidding procedures.

• 3.22.060

• Emergencies-Procedure.

• 3.22.070

• Notice inviting formal bids.

• 3.22.080

• Rejection of bids-Options.

• 3.22.090

• Adoption of plans, specifications and working details-Examination.

• 3.22.100

• Alternate procedures.

the "County Public Projects Bidding Procedures Ordinance." (Ord. 1926 § 1 (part), 1992).

is to secure for the county taxpayers the advantages and economies which will result from the adoption of an alternative method for the bidding of public projects. This chapter is enacted to adopt procedures governing the bidding of public projects by the establishment of bidding procedures as permitted by Article 3, Chapter 2, Part 3 of Division 2 (commencing with Section 22030) of the Public Contracts Code. (Ord. 1926 § 1 (part), 1992).

chapter, the following terms and phrases shall be defined as set out below:

A. "Commission" means the California Uniform Construction Cost Accounting Commission as set forth in Article 2, Chapter 2, Part 3 of Division 2 (commencing with Section 22010) of the Public Contracts Code.

B. "Facility" means any plant building, structure, ground facility, utility system, real property, streets and highways, or other public work improvement.

C. "Public project" means the construction, reconstruction, erection, alteration, renovation, improvement, demolition or repair work involving any publicly owned, leased or operated facility, or the painting or repairing of any publicly owned, leased or operated facility.
"Public project" does not include maintenance work, including the routine recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes, minor repainting, resurfacing of streets and highways at less than one inch of thickness, or landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation sprinkler systems. (Ord. 1926 § 1 (part), 1992).

A. Public projects of an amount set forth in Public Contracts Code section 22032 (a) as adjusted pursuant to Public Contracts Code section 22020 may be performed by the employees of the county by force account, by negotiated contract or by purchase order.

B. Public projects of amount set forth in Public Contracts Code section 22032 (b) as adjusted pursuant to Public Contracts Code section 22020 may be let to contract by informal procedures set forth in this chapter.

C. Public projects of an amount set forth in Public Contracts Code section 22032 (c) as adjusted pursuant to Public Contracts Code section 22020 shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedures.

D. It is unlawful to split or separate into smaller work orders or projects, any public project for the purposes of evading the provisions of this chapter. (Ord. 3036 §§ 1 & 2, 2009; Ord. 2764 §§ 1, 2, 3, 2007; Ord. 2688 §§ 1, 2 & 3, 2006; Ord. 1926 § 1 (part), 1992).

A. The county shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractor list shall be as determined by the commission.

B. All contractors on the list for the category of work being bid, or all construction trade journals which the commission determines are appropriate for Tuolumne County, or both all

contractors on the list for the category or work being bid and all such construction trade journals, shall be mailed a notice inviting written informal bids unless the product or service is proprietary.

C. If there is no list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be sent to the construction trade journals specified by the commission.

D. Mailing of notices to contractors and construction trade journals pursuant to subsection B or C shall be completed not less than ten calendar days before bids are due.

E. The notice inviting informal bids shall describe the public project in general terms, how to obtain more detailed information about the public project, and state the time and place for submission of written bids.

F. The County Administrative Officer, County Purchasing Agent and the Director of Public Works are each authorized to award informal contracts pursuant to this chapter.

G. If all bids received are in excess of the amount set forth in Public Contracts Code section 22032 (c), the Board of Supervisors may, by passage of a resolution by a four-fifths vote, award the contract at no more than the highest amount set forth in Public Contracts Code section 22034 (f) as adjusted pursuant to Public Contracts Code section 22020, to the lowest responsible bidder, if it determines the cost estimate of the county was reasonable. (Ord. 2764 § 4, 2007; Ord. 2688 § 4 & 5, 2006; Ord. 1926 § 1 (part), 1992).

emergency, which is a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, as determined by the Board of Supervisors, the Board 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, by contractor, or by a combination of the two. If notice for bids to let contracts will not be given in an emergency under this section, the Board shall comply with the vote requirement and procedures set forth in section 22050 of the Public Contract Code. (Ord. 2733 § 1, 2006; Ord. 1926 § 1 (part), 1992).

inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the public project. The notice shall be published at least fourteen calendar days before the date of opening bids in a newspaper of general circulation, printed and published in Tuolumne County. The notice inviting formal bids shall also be mailed to all construction trade journals specified by the Commission. The notice shall be mailed at least fifteen calendar days before the date of opening of bids. In addition to the notice required by this Chapter, the County may give such other notice as it, in its sole option, deems proper under the circumstances. (Ord. 3344 § 2, 2018; Ord. 1926 § 1 (part), 1992).

A. In its discretion, the county may reject any or all bids presented. If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates to the public project, the county shall have the option of the following:

1. Abandoning the public project or readvertising for bids in the manner described by this chapter; or

2. Having the public project done by force account without further compliance with this chapter, by passage of a resolution by four-fifths vote of the board of supervisors declaring that the public project can be performed more economically by the employees of the county.

B. If the contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the board of supervisors may accept either one in its sole discretion.

C. If no bids are received, the public project may be performed by employees of the county by force account, or by negotiated contract without further complying with this chapter. (Ord. 1926 § 1 (part), 1992).

and working details-Examination. The Board of Supervisors shall adopt plans, specifications and working details for all public projects in excess of the amount set forth in Section 3.22.040(C). In the alternative, pursuant to Public Contract Code section 22039, the Board of Supervisors, by resolution, may appoint a designated representative to adopt plans, specifications and working details for public projects in excess of the amount set forth in

Section 3.22.040(C). Any person may examine the plans, specifications or working details, or all of these, adopted by the County for any public project. (Ord. 3344 § 3, 2018; Ord. 1926 § 1 (part), 1992).

supervisors may authorize as an alternative to the requirements of this chapter, the bidding requirements, procedures, or exceptions set forth in Article 3.5 (commencing with Section 20120), or Article 3.6 (commencing with Section 20150), of Chapter 1, Part 3 of Division 2 of the Public Contracts Code. (Ord. 1926 § 1 (part), 1992).