Article XXIII. - Informal Bidding Procedures; Declaration of Emergencies.


Sec. 2-350. - Authority and scope.

By resolution, this board elected to become subject to the procedures established pursuant to the Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.) hereinafter referred to as the "Act" and has notified the State Controller of such election. In compliance with Section 22034 of said Act, this article is adopted as the procedure for letting work by informal bidding only for public projects within the limits set forth in Section 22032 subdivision (b) of said Act, as adjusted from time to time pursuant to Section 22020 of said Act. All other work not exempted from public bidding requirements shall be advertised and awarded in accordance with applicable provisions of state law and county policies.

(Ord. No. 4851 § 2, 1995.)

Sec. 2-351. - Delegation of duties.

(a)

Pursuant to Section 22034(e) of the Public Contract Code, the board of supervisors delegates the following duties to the purchasing agent:

(1)

As awarding officer, the purchasing agent shall solicit bids and award contracts for public projects funded by budget units managed under the control of the director of general services, director of transportation and public works, director of regional parks, the probation camp manager, the chief executive officer of community hospital, and for public projects of other county departments who have engaged such officials to manage the design and construction of such projects; and

(2)

The purchasing agent, as awarding officer, shall solicit bids and award contracts for public projects for any other county department not covered by subsection (a)(1) of this section.

(3)

The purchasing agent shall maintain a list of contractors as herein provided.

(4)

The purchasing agent shall have the authority to consent to the substitution of subcontractors pursuant to the Subletting and Subcontracting Fair Practices Act (California Public Contract Code Section 4100 et. seq.).

(b)

Pursuant to Section 22050(b) of the Public Contract Code, the board of supervisors delegates to the county administrator the authority to order any action pursuant to Section 22050(a)(1) in the event of an emergency. [41]

(Ord. No. 4851 § 2, 1995.)

Sec. 2-352. - Contractors list.

Contractor listings, identified according to categories of work, shall be maintained and administered under this article by the purchasing agent. Contractor listing shall be developed and maintained in accordance with minimum criteria determined by the California Uniform Construction Cost Accounting Commission. The list may be revised from time to time to remove inactive names.

(Ord. No. 4851 § 2, 1995.)

Sec. 2-353. - Notice inviting informal bids.

(a)

All contractors on the list for the category of work being bid and/or all construction trade journals specified in Section 22036 of the Public Contract Code, or any successor statute, shall be mailed a notice inviting informal bids unless the product or service is proprietary.

(b)

The notice inviting informal bids shall include a project description in general terms, the time and place for submission of bids, and information on how to obtain more detailed information on the project.

(c)

All mailing of notices to contractors and construction trade journals pursuant to subsection (b) of this section shall be completed not less than ten (10) calendar days before bids are due.

(Ord. No. 4851 § 2, 1995.)

Sec. 2-354. - Contract award.

(a)

The contract shall be awarded to the lowest responsible bidder if the purchasing agent considers the bid to be reasonable, sufficient funds have been appropriated, and the bid is within the limits prescribed for award.

(b)

If all bids received are in excess of one hundred seventy-five thousand dollars ($175,000.00}, the board of supervisors may by passage of a resolution by a four-fifths vote, award the contract at one hundred eighty-seven thousand dollars ($187,000.00) or less, to the lowest responsible bidder, if it determines the cost estimate was reasonable.

(c)

Upon completion of a project, the purchasing agent shall record a notice of completion.

(Ord. No. 5968, § 1, 2-21-2012; Ord. No. 4851 § 2, 1995.)

Sec. 2-355. - Change orders.

Changes may be made in the contract with the following limitations:

(a)

Appropriated funds are available to cover the cost of the change;

(b)

Neither the net sum of any individual change nor the sum of all changes in the aggregate increase the total contract amount by more than the amount specified in Section 22032(a) of the Act as may be adjusted from time to time;

(c)

Neither the net sum of any individual change nor the net sum of all changes in the aggregate increases the total contract amount by more than ten percent (10%) of the amount specified in Section 22032(b) of the Act, as adjusted from time to time; and

(d)

The purchasing agent considers the change to be reasonable.

(Ord. No. 4851 § 2, 1995.)

Sec. 2-356. - Subcontractors.

All contracts awarded pursuant to this article shall be subject to the provisions of the Subletting and Subcontracting Fair Practices Act (California Public Contract Code Section 4100 et. seq.).

(Ord. No. 4851 § 2, 1995.)

Sec. 2-357. - Alternative procedures.

Nothing in this article shall prohibit the board of supervisors or the Sonoma County road commissioner from utilizing, as an alternative to the procedures set for in the Act and this article, the procedures set forth in Article 25, commencing with Section 20390, of the Public Contract Code.

(Ord. No. 4851 § 2, 1995.)



FOOTNOTE(S):


(41) * See Chapter 10 of Sonoma County Code for further provisions on emergencies. (Back)