Chapter 15 — BIDDING PROCEDURES FOR PUBLIC PROJECTS

The City Council of the City of Pacifica does hereby elect to become subject to the California Uniform Construction Cost Accounting Procedure referred to in the Uniform Public Construction Cost Accounting Act (California Public Contract Code Sections 22000 et. seq., as may be amended). The terms referred to herein shall have the meanings assigned to them in the Uniform Public Construction Cost Accounting Act.

(§ 1, Ord. 680-C.S., eff. October 11, 2000)

Public projects, as defined by California Public Contract Code Section 22000 et seq., may be let to contract by informal procedures as set forth in Public Contract Code Section 22032 et seq., with dollar amounts as may be automatically adjusted pursuant to section 3-15.11.

A.

Public projects of amounts equaling the limit for informal bidding as set forth California Public Contract Code Section 22032(a), as may be amended from time to time, or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.

B.

Public projects of amounts equaling the limit for informal bidding as set forth California Public Contract Code Section 22032(b), as may be amended from time to time, or less may be let to contract by informal procedures as set forth in Public Contract Code Section 22032 et seq.

C.

Public projects of amounts greater than the limit for informal bidding as set forth California Public Contract Code Section 22032(c), as may be amended from time to time, shall, except as otherwise provided in Public Contract Code Section 22032 et seq., be let to contract by formal bidding procedure.

(§ 1, Ord. 680-C.S., eff. October 11, 2000, § 3(Exh. A), Ord. 804-C.S., § 3(Exh. A), eff. February 10, 2016; § 2, Ord. 868-C.S., eff. October 27, 2021; Ord. 899-C.S., § 2, eff. June 11, 2025)

A.

The City Council does hereby delegate to the City Manager, or their designated representative, the authority to award or reject contracts under section 3-15.02(A) of this chapter.

B.

The City Council does hereby delegate to the City Manager, or their designated representative, the authority to award or reject contracts under section 3-15.02(B) of this chapter.

C.

The City Council may delegate to the City Manager, or their designated representative, the authority to award or reject contracts under section 3-15.02(C) of this chapter. Delegation of authority pursuant to this subsection (C) shall be through a resolution of the Council.

(§ 1, Ord. 680-C.S., eff. October 11, 2000, § 3(Exh. A), Ord. 804-C.S., § 3(Exh. A), eff. February 10, 2016; § 3, Ord. 868-C.S., eff. October 27, 2021; Ord. 899-C.S., § 2, eff. June 11, 2025)

The City Manager or his or her designated representative shall develop and maintain a list of qualified contractors eligible to submit bids on informal contracts awarded by the City. Said list shall meet with the requirements of the California Uniform Construction Cost Accounting Commission ("CUCCAC"). Such contractors shall be identified according to categories of work.

(§ 1, Ord. 680-C.S., eff. October 11, 2000)

A.

All contractors on the list for the category of work being bid and/or all construction trade journals specified by the CUCCAC shall be sent a notice inviting informal bids unless the product or service is proprietary. Additional contractors and/or construction trade journals may be notified at the discretion of the City Manager.

B.

All notices to contractors and construction trade journals inviting informal bids shall be sent via e-mail, fax or mail not less than ten (10) days before bids are due.

C.

The notice inviting informal bids shall describe the project in general terms, explain how prospective bidders may obtain more detailed information about the project, and state the time and place for the submission of bids.

(§ 1, Ord. 680-C.S., eff. October 11, 2000)

A.

At least twenty-one (21) days before bids are opened, notice inviting formal bids shall be sent to the list of contractors and/or trade journals specified in Section 3-15.05A of this chapter.

B.

Notice inviting formal bids shall be published at least fourteen (14) calendar days before the date of bid opening in a newspaper of general circulation serving the City of Pacifica.

C.

The notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the "project."

(§ 1, Ord. 680-C.S., eff. October 11, 2000; § 4, Ord. 868-C.S., eff. October 27, 2021)

At the time provided in the notice inviting informal bids, all bids timely received shall be opened by the City Clerk, or their designee, evaluated and, unless all bids are rejected, the contract may be awarded by the City Manager to the lowest responsive responsible bidder. If two (2) or more bids are lowest, the contract shall be awarded by drawing lots. If no bids are received, at the discretion of the City Manager the project may be performed by employees of the City by force account or negotiated contract. The City Manager may, in their discretion, reject all bids presented, in which event he shall state the reasons for the rejection and follow one of the options specified in Public Contract Code Section 22038(a).

(§ 1, Ord. 680-C.S., eff. October 11, 2000, § 3(Exh. A), Ord. 804-C.S., § 3(Exh. A), eff. February 10, 2016; § 5, Ord. 868-C.S., eff. October 27, 2021)

If all informal bids received are in excess of Two Hundred Twenty Thousand Dollars and no/100s ($220,000.00), the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred thirty-five thousand dollars ($235,000) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

(§ 1, Ord. 680-C.S., eff. October 11, 2000, § 3, Ord. 804-C.S., § 3(Exh. A), eff. February 10, 2016; § 2, Ord. 899-C.S., eff. June 11, 2025)

A.

In cases of emergency when repair or replacements are necessary, the City, under direction of the City Manager, 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 Manager or his or her representative, by contractor, or by a combination of the two.

B.

In case of emergency, if notice for bids to let contracts will not be given, the City shall comply with the provisions of Public Contract Code Section 22050.

(§ 1, Ord. 680-C.S., eff. October 11, 2000)

Any public project made pursuant to a federal award or subject to reimbursement, in whole or in part, with federal funds shall comply with the federal procurement policies set forth in Article 12, "Federal Procurement" of City Administrative Policy No. 76, as may be amended by the City Council from time to time.

(§ 4, Ord. 850-C.S., eff. November 27, 2019)

If the legislature amends the dollar amounts in Section 22032 of the Public Contract Code, or any successor statute, regarding projects eligible to use informal bid procedures and projects that may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order, the thresholds referenced in Section 3-15.02 shall be automatically adjusted to conform to the revisions to state law.

(§ 3, Ord. 899-C.S., eff. June 11, 2025)