Chapter 3.28
INFORMAL BIDDING

Sections:

3.28.010    Application.

3.28.020    Definitions.

3.28.030    Work of $45,000 or less.

3.28.040    Informal bidding procedures.

3.28.050    Contractor’s list.

3.28.060    Notice inviting informal bids.

3.28.070    Mailing of notices inviting informal bids and project description.

3.28.080    Rejection of bids/no bids.

3.28.090    Bids received in excess of $175,000.

3.28.100    Award of contracts.

3.28.010 Application.

Contracts for work of $175,000 or less shall be governed by the Uniform Public Construction Cost Accounting Act, Division 2, Part 3, Chapter 2 of the Public Contract Code, Section 22000 et seq., and this chapter. (Ord. 14-02 § 1, 2014; Ord. 05-17 § 1, 2005; Ord. 04-10 § 1, 2004)

3.28.020 Definitions.

For purposes of this chapter, and in accordance with the Uniform Public Construction Cost Accounting Act (“Act”) (Public Contract Code Section 22000 et seq.), the terms are defined as follows:

A. “Public project” means any of the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

2. Painting or repainting of any publicly owned, leased, or operated facility.

3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

B. “Public project” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:

1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.

2. Minor repainting.

3. Resurfacing of streets and highways at less than one inch.

4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

5. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

C. “Work” means either a public project or maintenance work as defined above.

D. “Facility” means any plant, building, structure, ground facility, utility system, real property, streets and highways, or other public work improvement. (Ord. 14-02 § 2, 2014; Ord. 04-10 § 1, 2004)

3.28.030 Work of $45,000 or less.

Pursuant to Public Contract Code Sections 22003 and 22032, contracting for “maintenance work” as defined herein, or contracting for any other work which does not fall within the definition of “public project” of $45,000 or less, may be performed by the employees of the city by force account, by negotiated contract, or by purchase order. (Ord. 14-02 § 3, 2014; Ord. 05-17 § 2, 2005; Ord. 04-10 § 1, 2004)

3.28.040 Informal bidding procedures.

Any work, as defined herein, of $175,000 or less may be contracted for by the informal bidding procedures set forth in this chapter. (Ord. 14-02 § 3, 2014; Ord. 05-17 § 3, 2005; Ord. 04-10 § 1, 2004)

3.28.050 Contractor’s list.

A list of qualified contractors for public projects, identified according to categories of work (“contractor’s list”), shall be developed and maintained by the city of Hughson public works department in accordance with the minimum criteria determined by the California Uniform Construction Cost Accounting Commission (“Commission”). (Ord. 04-10 § 1, 2004)

3.28.060 Notice inviting informal bids.

Where work subject to the provisions of this part is to be performed and the work does not meet the criteria set forth in HMC 3.28.030, or informal bidding is desired, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the contractor’s list, and to all appropriate construction trade journals as specified by the Commission. Additional contractors and/or construction trade journals may be notified at the city’s discretion. If there is no contractor’s list 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. If the product or service required to be performed is, in the discretion of the city’s director of public works, determined to be 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. (Ord. 04-10 § 1, 2004)

3.28.070 Mailing of notices inviting informal bids and project description.

The mailing of notices to contractors and/or construction trade journals pursuant to HMC 3.28.060 shall be completed not less than 10 calendar days before bids are due. The notice inviting bids shall: (A) describe the work in general terms; (B) explain how more detailed information about the proposed work may be obtained; and (C) state the time, date, and location for the submission of bids. (Ord. 04-10 § 1, 2004)

3.28.080 Rejection of bids/no bids.

A. The city’s director of public works may, in his or her sole discretion, reject any bids presented. If, after the first invitation of bids, all bids received are rejected, after re-evaluating its cost estimates of the project, the city shall have the option of either of the following:

1. The city’s director of public works may abandon the project or re-advertise for bids in the manner described in this chapter; or

2. The city council may, by passage of a resolution by a four-fifths majority, declare that the project can be performed more economically by its employees; the city may have the project done by force account (i.e., by using internal resources including but not limited to labor, equipment, materials, supplies, and subcontracts of the city), without further compliance with this chapter.

B. If no bids are received, the project may be performed by force account without a city council resolution or by negotiated contract. (Ord. 04-10 § 1, 2004)

3.28.090 Bids received in excess of $175,000.

If all bids received are in excess of $175,000, the city council may, by passage of a resolution by a four-fifths vote, award the contract for $187,500, or less, to the lowest responsible bidder, if the city council determines that the cost estimate was reasonable. (Ord. 14-02 § 4, 2014; Ord. 05-17 § 4, 2005; Ord. 04-10 § 1, 2004)

3.28.100 Award of contracts.

Except as specified under HMC 3.28.090, dealing with bids in excess of $175,000, the city’s director of public works is authorized to award or enter into contracts pursuant to the provisions of this chapter. If informal bidding has been solicited, the city’s director of public works shall award the contract to the lowest responsible bidder. If two or more bids are the same and the lowest, the city’s director of public works may accept the one he or she chooses. (Ord. 14-02 § 5, 2014; Ord. 05-17 § 5, 2005; Ord. 04-10 § 1, 2004)