§ 27-060. FORMAL BIDDING PROCEDURE

For public projects requiring a formal bidding process, the following procedures shall be followed:

(a)

Preparation and Adoption of Plans: The officer or employee conducting the bidding process shall prepare or direct the preparation of plans, specifications, and working details for all public projects greater than such sum as is set forth in Section 22032(c) of the Public Contract Code as amended from time to time. The plans, specifications and working details shall be adopted by the Board of Supervisors prior to initiation of the bidding process and shall not be altered or changed in any manner which increases its cost, except by a vote of two-thirds of the members of the Board of Supervisors. The provisions of this section shall not apply to those public projects identified in Sections 22035 (Emergencies) and 22041 (Exemptions) of the Public Contract Code.

(b)

Minimum Bid Package Contents: All bid packages shall contain, but shall not be limited to, the following documents:

(1)

Notice to Inviting Bids;

(2)

Instructions to Bidders;

(3)

Project Proposal;

(4)

Proposed Contract;

(5)

Any Additional Terms and Conditions which may be applicable;

(6)

Non-collusion Affidavit in the form set forth in California Public Contract Code Section 7106.

(c)

Notice Inviting Bids: The officer or employee conducting the bidding process shall prepare or direct the preparation of a notice inviting bids which shall include a general description of the items to be purchased or the services to be provided and shall state where specifications may be secured as well as the date, time and place for opening bids. The notice shall also contain each of the following statements:

(1)

Bids shall set forth unit prices as well as a total price for each item bid upon, the total taxes that will be due and a total figure for the price plus tax. Any difference between the taxes shown on the bid as the total figure and those actually due shall be the responsibility of the bidder.

(2)

Bids shall be opened by the officer or employee conducting the bidding process, or his/her designee, in public in the office of the Clerk of the Board of Supervisors at the time stated in the public notice. The officer or employee conducting the bidding process shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for a period not less than 15 calendar days after the bid opening.

(3)

Bids and modifications or corrections thereof received after the closing time specified will not be considered.

(4)

The Board of Supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received and that, in its discretion, the Sutter County Board of Supervisors or its designee may reject any and all bids presented and may readvertise for bids.

(5)

If two or more bids received are for the same total amount or unit price, quality and service being equal, the Board of Supervisors or its designee may accept the one it chooses or accept the lowest bid made after negotiation with tie bidders.

(d)

Published Notice: The notice inviting bids shall be published at least 14 calendar days before the date of opening of the bids in a newspaper of general circulation distributed in Sutter County. The notice shall also be mailed to all construction trade journals specified in Public Contract Code Section 22036 at least 30 calendar days before the date of opening the bids. Prior to publishing the notice inviting bids or soliciting sealed bids, the officer or employee conducting the bidding process shall submit to the County Counsel's office for review and shall obtain approval of the notice inviting bids.

(e)

Bid Opening: Bids shall be opened by the officer or employee conducting the bidding process, or his/her designee, in public in the office of the Clerk of the Board of Supervisors at the time stated in the public notice. The officer or employee conducting the bidding process shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for a period not less than 15 calendar days after the bid opening. Bids and modifications or corrections thereof received after the closing time specified will not be considered.

(f)

Rejection of Bids: In its discretion, the Sutter County Board of Supervisors may reject any and all bids presented, if it, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the county, furnishes a written notice to an apparent low bidder pursuant to California Public Contract Code Section 22038. The notice shall inform the bidder of the county's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the county intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the county shall have the option of either of the following:

(1)

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

(2)

By passage of a resolution by a four-fifths vote of the Board of Supervisors declaring that the project can be performed more economically by the employees of the county, may have the project done by force account without further complying with this chapter.

(g)

Award of Bids: The officer or employee conducting the bidding procedure shall present the bid tabulation to the Board of Supervisors or its designee, for consideration and award, if deemed appropriate. The contract shall be awarded to the lowest responsive, responsible bidder. The Board of Supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received. 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 this chapter.

(h)

Tie Bids: If two or more bids received are for the same total amount or unit price, quality and service being equal, the Board of Supervisors or its designee may accept the one it chooses or accept the lowest bid made after negotiation with tie bidders.

(i)

Performance Bond: The person to whom the contract is awarded shall execute a bond, approved by the Board of Supervisors, for the faithful performance of the contract. The person shall perform the work in accordance with the plans, specifications, and working details, unless all or any of them are modified by a four-fifths vote of the members of the board. In that case, if the cost of the work is reduced by reason of the modification, the person to whom the contract is awarded shall make an allowance on the contract price to the extent of the reduction. As an alternative to execution of a bond, the person to whom the contract is awarded may substitute securities for any moneys withheld by a public agency to ensure performance under a contract in accordance with the provisions of California Public Contract Code Section 22300.