In accordance with the mandate of Public Contract Code § 22034, the County adopts the following provisions to govern the selection of contractors to perform public projects pursuant to Public Contract Code § 22032(b).
(a) Informal Bid Procedure. Public projects, as defined by the California Uniform Public Construction Cost Accounting Act, less than or equal to the amount set forth in Public Contract Code § 22032(b) [currently, $100,000], may be let to contract by informal procedures as set forth in § 22030 et seq. of the Public Contract Code and shall be subject to those provisions and the provisions of this Section.
(b) Contractors List. A list of contractors identified according to categories of work, shall be developed and maintained in accordance with the provisions of § 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(c) Notice Inviting Informal Bids. Where a public project subject to the provisions of this Section is to be performed, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this Section, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission pursuant to § 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided, however:
(1) If there is no list of qualified contractors maintained for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
(2) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.
(d) Award of Contracts. The Board of Supervisors delegates the authority to award contracts pursuant to this Section to the County Administrative Officer up to the amount authorized in Public Contract Code § 22032(b) (set at $125,000.00 as of June 14, 2010).
(e) Bids in Excess of the Amount in Public Contract Code § 22032(b). If all bids received are in excess of the amount authorized in Public Contract Code § 22032(b) [currently, $100,000], the Board may, by passage of a resolution by a four-fifths vote, award the contract at up to the amount set forth in Public Contract Code § 22034(f) [currently $110,000], to the lowest responsible bidder, if it determines the cost estimate of the County was reasonable.
(f) Failure to Receive Bids. If no bids are received, through the formal or informal procedure, the project may be performed by the employees of the County by force account, or negotiated contract without further complying with the Uniform Public Construction Cost Accounting Act procedures.
(g) Adjustments to Amounts Listed. The County recognizes that the monetary limits set forth in Public Contract Code §§ 22032(a), 22032(b) and 22034(f) are subject to adjustment every five years pursuant to the procedure set forth in Public Contract Code § 22020.
(h) Change Orders. For contracts awarded pursuant to this Section, the County Administrative Officer or Department Head responsible for construction management of the public project, is authorized to approve change orders not exceeding a total of $5,000.00, if the original construction contract amount is $50,000.00 or less, and not exceeding a total of ten percent of the original construction contract amount, if the original construction contract amount is over $50,000.00. All such approved change orders must be reported to the County Administrative Officer. The Board of Supervisors shall approve all change orders exceeding the amounts described in this Section.
(Ord. 934, passed - -1960; Am. Ord. 3912, passed - -2004; Am. Ord. 4113, passed - -2010)