Chapter 2.35
BIDDING PROCEDURE

Sections:

2.35.010    Purpose of chapter.

2.35.020    Public project—Defined.

2.35.030    Informal and formal bidding.

2.35.040    List of contractors.

2.35.050    Informal bidding procedures.

2.35.060    Formal bidding procedures.

2.35.070    Rejection of bids.

2.35.080    Cost estimate reevaluation.

2.35.090    Public project—Plans and specifications.

2.35.100    Exemptions.

2.35.110    Splitting work to evade regulations prohibited.

2.35.010 Purpose of chapter.

Public Contract Code Section 20150.5 provides that each county shall adopt an ordinance providing for formal and informal bidding procedures consistent with Public Contract Code Sections 20150.1 through 20150.14. [Ord. 3620 § 28, 1985; Ord. 1681, 1972; prior code § 5.05.010].

2.35.020 Public project—Defined.

(A)    As used in this chapter, “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 work 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. 1681, 1972; prior code § 5.05.020].

2.35.030 Informal and formal bidding.

(A)    Public projects between $4,000 and $10,000 shall be let to contract by informal or formal bidding procedures.

(B)    Public projects of $10,000 and more shall, in all instances, be let to contract by formal bidding procedure. [Ord. 1681, 1972; prior code § 5.05.030].

2.35.040 List of contractors.

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. 1681, 1972; prior code § 5.05.040].

2.35.050 Informal bidding procedures.

(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 SCCC 2.35.040. 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 a 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 Government Code Section 6061 and shall be completed at least 24 hours before the time scheduled for opening of the bids.

(B)    In addition to notice published in a newspaper of general circulation, mailed or posted pursuant to this section, the County may also publish notice inviting bids in a trade publication. [Ord. 1681, 1972; prior code § 5.05.050].

2.35.060 Formal bidding procedures.

(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 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, mailed, or posted, pursuant to this section, the County may also publish notice inviting bids in a trade publication. [Ord. 1681, 1972; prior code § 5.05.060].

2.35.070 Rejection of bids.

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. 1681, 1972; prior code § 5.05.070].

2.35.080 Cost estimate reevaluation.

Notwithstanding the provisions of SCCC 2.35.070, 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, it may have the project done in the manner stated without further complying with this chapter. [Ord. 1681, 1972; prior code § 5.05.080].

2.35.090 Public project—Plans and specifications.

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. 1681, 1972; prior code § 5.05.100].

2.35.100 Exemptions.

The provisions of this chapter shall not apply to:

(A)    The construction of any public building used for the 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 Government Code Section 25359, and public projects involving persons engaged in Federal, State or County job or work training programs; or

(B)    A design-build project as authorized under Article 3.5 (commencing with Section 20133) of Chapter 1, Part 3, Division 2 of the Public Contract Code. [Ord. 5178 § 1, 2014; Ord. 1681, 1972; prior code § 5.05.110].

2.35.110 Splitting work to evade regulations prohibited.

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 wilfully violates this section is guilty of a misdemeanor. [Ord. 1681, 1972; prior code § 5.05.090].