Port Hueneme Municipal Code Part G Public Projects—Bidding and Procedures

(a) For purpose of this Code, "public project" means any of the following:

(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any public 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 two hundred thirty thousand (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 of less than one (1) 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 two hundred thirty thousand (230,000) volts and higher.

(c) For purposes of this section, "facility" means any plant, building, structure, ground facility, utility system subject to subdivision (a)(3) of this section, real property, streets and highways, or other public work improvement.

(Ord. 627 § 3 (part), 1999)

(a) The City Council shall approve all formal bidding activity for public projects of more than seventy-five thousand dollars ($75,000.00) prior to the mailing of notices inviting bids.

(b) The City shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonable and necessary to protect the best interests of the City. If the City requires a performance bond, the amount of the bond shall be described in the notice inviting bids, and its form shall be as determined by the City Attorney.

(Ord. 649 § 1, 2003; Ord. 627 § 3 (part), 1999)

The journals on the list of qualified construction trade journals, developed and maintained in accordance with the provisions of Section 22036 of the California Public Contract Code, may be noticed pursuant to Sections 2572 and 2573 herein.

(Ord. 627 § 3 (part), 1999)

A list of qualified contractors, identified according to categories of work, shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

(Ord. 627 § 3 (part), 1999)

Public projects of forty-five thousand dollars ($45,000.00) or less may be performed by employees of the City by force account, by negotiated contract, or by purchase order.

(Ord. 627 § 3 (part), 1999)

(Ord. No. 723, § 14, 2-16-16)

Public projects of less than seventy-five thousand dollars ($75,000.00) or less may be let to contract by the informal procedures set forth herein.

(a) The Purchasing Officer shall mail notices inviting informal bids. The notices shall be mailed to all qualified contractors on a list maintained by the City, if any, as well as to all construction trade journals on the list referred to in Section 2569, unless the product or service is proprietary.

(b) The notices shall be mailed not less than ten (10) calendar days before the opening date of the bids. The notices 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.

(c) The Purchasing Officer and Director of Public Works are authorized to award informal contracts and orders pursuant to this Chapter. Orders shall be awarded to the lowest responsible bidder.

(d) Bids shall be submitted to the Purchasing Officer who shall keep a record of all informal orders and bids for a period of six (6) months after placement of the order. This record, while so kept, shall be open to public inspection.

(e) If all bids received are in excess of seventy-five thousand dollars ($75,000.00), the City Council may by a two-thirds (⅔) vote, award the contract at eighty-thousand dollars ($80,000.00) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

(f) If no bids are received, the project may be performed by employees of the City by force account, or negotiated contract without further complying with this section.

(g) In its discretion, the City Council may reject any bids presented.

(Ord. 627 § 3 (part), 1999)

Public projects of greater than seventy-five thousand dollars ($75,000.00) must, except as otherwise provided in this Chapter, be let to contract by the formal procedures set forth herein.

(a) The City Clerk shall mail notices inviting formal bids. The notices shall be mailed to all qualified contractors on the list maintained as well as to all construction trade journals on the list referred to in Section 2569, unless the project or service is proprietary.

(b) The notices shall be mailed at least thirty (30) calendar days before the date of opening the bids. The notices shall distinctly describe the project and state the time and place for submission and opening of bids.

(c) The notice inviting bids shall be published at least fourteen (14) days before the opening date of the bids. Notice shall be published at least twice, not less than five (5) days apart, in a newspaper of general circulation, printed and published in the City, or, if there is none, in a newspaper of general circulation which is circulated within the City. The notice shall be posted in public places in the City that have been designated by resolution as places for placing public notices.

(d) The City Clerk shall also post a notice of pending public work projects on a public bulletin board in the City Hall.

(e) Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. Bids shall be opened in public by the City Clerk or designee at the time and place stated in the public notices. A tabulation of all bids shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

(f) Bidders on public construction projects shall be required to provide bidder's security. The bidder's security shall be an amount equal to ten (10) percent of the amount of the bid or as prescribed in the public notice inviting bids. The bidder's security shall be in one of the following forms:

(1) Cash;

(2) Cashier's check made payable to the City;

(3) Certified check made payable to the City; or

(4) Bidder's bond executed by an authorized surety insurer, made payable to the City.

Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his/her bid's security upon refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of a successful bidder to execute the contract, award the contract to the next lowest bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid and the surplus, if any, shall be returned to the lowest bidder.

(g) Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this Chapter. The decision of the City Council shall be final.

(h) In its discretion, the City Council may reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the City shall have the option of either of the following:

(1) Abandoning the project, or readvertising for bids in the manner described herein;

(2) By adoption of a Resolution by a two-thirds (⅔) vote of the City Council declaring that the project can be performed more economically by employees of the City, and may have the project done by force account without further complying with this section.

(i) If two (2) or more bids received are the same and lowest, the City Council may accept the one it chooses.

(j) If no bids are received, the project may be performed by employees of the City by force account, or by negotiated contract without further complying with this section.

(k) The City Council shall have the right to waive any defect or informality in the bidding or in the procedures set forth in this section. No defect or informality shall void any contract entered into.

(l) The City Council shall adopt plans, specifications, and working details for all public projects subject to this section or shall delegate such adoption as it deems appropriate to the City Manager. Any person may examine the plans, specifications, and/or working details adopted by the City Council or its designee for any project.

(Ord. 627 § 3 (part), 1999)

(Ord. No. 723, § 10, 2-16-16)

(a) In cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of the two.

(b) In case of an emergency, if notice for bids to let contracts will not be given, the City Council shall comply with the following procedures:

(1) The City Council shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

(2) The City Council, pursuant to a two-thirds (⅔) vote, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes.

(3) The City Council, by a two-thirds (⅔) vote, may delegate to the City Manager, Chief Engineer, or other nonelected City officer, the authority to order any action specified in paragraph (2) of subsection (b) of this section.

(4) If a person with authority delegated pursuant to this section orders any action specified in paragraph (2) of subsection (b), that person shall report to the City Council, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.

(5) If the City Council orders any action specified in paragraph (1) or (2) of subsection (b) of this section, the City Council shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a two-thirds (⅔) vote, that there is a need to continue the action. If the City Council meets weekly, it may review the emergency action in accordance with this paragraph every fourteen (14) days.

(6) If a person with authority delegated pursuant to this section orders any action specified in paragraph (2) of subsection (b), the City Council shall initially review the emergency action not later than its next regularly scheduled meeting and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a two-thirds (⅔) vote, that there is a need to continue the action, unless a person with authority delegated pursuant to this section has terminated that action prior to the City Council reviewing the emergency action and making a determination pursuant to this subsection.

(7) When the City Council reviews the emergency action pursuant to paragraphs (5) or (6), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

(Ord. 627 § 3 (part), 1999)

(a) A job order contract (JOC) is a construction contract for minor or recurring construction tasks, including repair, remodeling, or other repetitive work, with a firm, fixed price, and indefinite quantity awarded on a unit price basis for all necessary labor, materials, and equipment. A JOC may not be awarded for any new construction.

(b) JOC Procurement.

(1) Except as set forth in this section, JOCs are subject to Chapter 6, Part G.

(2) Any advertisement for bids and specifications shall contain a maximum dollar amount of the JOC not to exceed three million dollars ($3,000,000.00). Any cumulative change orders to a JOC shall not result in a contract exceeding three million dollars ($3,000,000.00). This maximum amount shall be adjusted annually to reflect the percentage change in the California Consumer Price Index for Ventura County.

(c) Issuance of Task Orders.

(1) A task order is an authorization to perform construction work under a JOC.

(2) Each task order shall include a detailed scope of work and time certain for completion of work. The task order price shall be no more than the sum of the applicable line items using the unit prices in the contract modified by the bid adjustment factor.

(3) The City Manager, or his/her designee, shall have authority to issue task orders not to exceed the dollar amount specified in Chapter 6, Part G section 2572.

(d) Authorization to Enter JPA. The City Council authorizes the City Manager, or designee, to negotiate and execute a Joint Powers Agreement (JPA) with one (1) or more public agencies that possess statutory authority under the California Public Contract Code to utilize JOC, for the purpose of enabling the City to access and issue job orders under such JOC contracts.

(1) Scope of Shared Authority. Under the JPA, the City may:

(i) Utilize JOC contracts competitively procured and administered by the partner agency in compliance with applicable law;

(ii) Issue job orders for eligible projects within the City's jurisdiction, subject to the terms of the JPA and the partner agency's JOC program requirements;

(iii) Ensure compliance with all prevailing wage, skilled and trained workforce, subcontracting, and reporting requirements.

(2) Limitations. The City shall not delegate its legislative authority or financial oversight under this section. All job orders issued under a JPA shall be subject to City budget approval and administrative controls established by the City Manager.

(Ord. No. 830, § 2, 3-2-26)

Editor's note— Ord. No. 830, § 2, adopted March 2, 2026, set out provisions intended for use as § 2575. Inasmuch as there were already provisions so designated, said section has been codified herein as § 2574.1 at the discretion of the editor.