Thousand Oaks Municipal Code Art. 3 Public Projects

City Council has elected to become subject to the Uniform Construction Cost Accounting Procedures as established by the California Uniform Construction Cost Accounting Commission through the California Uniform Public Construction Cost Accounting Act (CUPCCAA). All dollar amounts contained in this Article 3 shall be increased automatically as authorized pursuant to the adjustments made by the California Uniform Cost Accounting Commission under PCC Section 22020.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

(a) A Public Project in an amount as set by PCC Section 22032(a) may be performed by City employees by force account, by negotiated contract, or by Purchase Order.

(b) A Public Project of an estimated amount exceeding the amount set forth in PCC Section 22032(a), but not more than the informal bid limit set forth in PCC Section 22032(b), may be let to contract by informal bid procedures as set forth in this article.

(c) A Public Project in an amount exceeding the informal bid limit as set forth in PCC Section 22032(c) shall, except as otherwise provided in this article, be let to contract by formal bidding procedures.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

City Council shall approve the design and adopt plans, specifications, and working details, as well as authorize the bid request for all Public Works projects for an amount consistent with those contained in Sec. 3-10.302(c). The City Engineer is delegated discretionary authority to approve the design and adopt plans, specifications, and working details for all Public Works projects qualifying under subsection (a) and (b) of Sec. 3-10.302.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

For those projects qualifying under subsection (a) of Section 3-10.302, the project manager shall obtain a cost estimate from the project engineer or architect prior to issuing a Purchase Order or negotiating a contract with a responsible contractor. For any City force account work, the project manager shall first comply with the guidelines established by CUPCCAA in determining the cost of the public project.

The Department Head shall have the authority to award and execute any contract for a public project qualifying under subsection (a) of Section 3-10.302 up to the Department Head approval authority stated in Section 3-10.108. The City Manager shall have the authority to award and to execute any contract for a public project qualifying under subsections (a) and (b) of Section 3-10.302.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

For those projects which qualify under subsection (b) of Section 3-10.302 for informal bidding, the following procedures shall be used:

(a) Bidder List. The City shall maintain a list of qualified contractors, identified according to categories of work or follow alternate procedures as allowed by the PCC Section 22034. Minimum criteria for development and maintenance of the contractors’ list shall be consistent with the CUPCCAA rules.

(b) Notice. Unless the product or service is proprietary, all contractors on the City’s list for the category of work being bid shall be emailed a notice inviting informal bids, or an announcement/advertisement shall be placed in all construction trade journals specified in this section, or both such mailing and advertising. The trade journals shall be those identified by CUPCCAA as appropriate for this area. In addition, notice shall be posted on the City’s Purchasing website.

(c) Bidder’s Security/Failure to Sign Contract. Bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder’s security shall be either a cash deposit with the City, a cashier’s or certified check payable to the City, or a bidder’s bond. Bid security of unsuccessful bidders to be disposed of securely or returned as necessary by the City. However, the lowest responsive and responsible bidder shall forfeit all or part of their bid security, as may be determined by City Council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, City Council may award the contract to the next lowest responsive and responsible bidder.

(d) Minimum Time Period. All mailing of notices to contractors and announcements/advertisements published in the construction trade journals pursuant to subdivision (b) shall be completed not less than ten (10) calendar days before bids are due.

(e) Notice Contents. The notice inviting informal bids 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.

(f) Performance/Labor/Materials Bonds. A labor and materials bond, plus a performance bond shall be required, from a surety company licensed to do business in California and acceptable to the City, in amounts equivalent to the total contract amount.

(g) Bid Opening Procedure. Sealed bids shall be submitted electronically through the City’s eProcurement portal. Bids shall be opened by the City Clerk’s staff in public at the time and place stated in the notice inviting bids. At that time, a written record and tabulation shall be made of all bids received and shall be available for public inspection for a period of one year after the bid opening. The project manager shall make an analysis of the bids for compliance with bid specifications, and thereafter, make a recommendation for award or rejection.

(h) Award. The City Manager shall award the contract or reject the bids. The Purchasing Officer may waive minor bid irregularities.

(i) Change Orders. A Change Order shall be used to modify the contract documents regarding contract price, schedule of payments, completion date, plans and specifications, and for unit price overruns and under runs, as specified in the Contract. Work description and justification must relate to the original project and must be work necessary to achieve original scope of project. After a determination that the Change Order and its related costs are merited, the City Manager is authorized to issue Contract Amendments or Change Orders up to the contract contingency as awarded for the individual contract. City Manager may approve Project Change Orders until the contract reaches the informal bid limit as is reflected under PCC Section 22032(b).

(j) Bids in Excess of Statutory Amount. If all bids received are in excess of the informal bid limit as is reflected under PCC Section 22032(c), City Council may, by passage of a resolution by a four-fifths (4/5) vote, award the contract up to the amount as is reflected under PCC Section 22034(d) to the lowest responsive and responsible bidder if it determines the cost estimate of the City was reasonable.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

For those projects requiring formal bidding under Section 3-10.302(c), the following procedures shall be used per PCC Section 22037:

(a) Publication. A notice shall be published, at least once, no less than fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the jurisdiction of the City. As per specified in the PCC Section 22036, the notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in PCC, Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. In addition to notice required by this section, the public agency may give such other notice as it deems proper.

(b) Bidder’s Security/Failure to Sign Contract. Bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) Percent of the amount bid. Bidder’s security shall be either a cash deposit with the City, a cashier’s or certified check payable to the City, or a bidder’s bond. Bid security of unsuccessful bidders to be disposed of securely or returned as necessary by the City. However, the lowest responsive and responsible bidder shall forfeit all or part of their bid security, as may be determined by City Council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, City Council may award the contract to the next lowest responsive and responsible bidder. All bids must be signed by person authorized to bind company to bid terms.

(c) Bid opening Procedure. Sealed bids shall be submitted electronically through the City’s eProcurement portal. Bids shall be opened by the City Clerk’s staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received and shall be open for public inspection during regular business hours for a period of one year after the bid opening. The project manager shall make an analysis of the bids for compliance with bid specifications and, thereafter, make a recommendation for award or rejection.

(d) Award of Contracts/Minor Irregularities. Contracts shall be awarded by City Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended, according to criteria designated in the solicitation, and provided the award amount is within the unencumbered appropriation for that item. The City Council may waive minor bid irregularities.

(e) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay for readvertising for bids, City Council may accept either bid.

(f) Change Orders. A “Change Order” shall be used to modify the contract documents regarding contract price, schedule of payments, completion date, plans and specifications, and for unit price overruns and under runs, as specified in the Contract. Work description and justification must relate to the original project and must be work necessary to achieve original scope of project. After a determination that the Change Order and its related costs are merited, the City Manager is authorized to issue and execute Contract Amendments or Change Orders accumulatively up to the contract contingency approved by City Council as awarded for the individual contract.

(g) Performance/Labor/Materials Bonds. A labor and materials bond, plus a performance bond shall be required, from a surety company licensed to do business in California and acceptable to the City, in amounts equivalent to the total contract amount.

(h) No Bids. Per PCC Section 22038, if no bids are received, the project may be performed by City employees by force account, or by negotiated contract without further complying with this article.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

(a) In its discretion, City Council may reject any bids presented per PCC Section 22038. City Council may reject all bids provided that notice of intention to reject all bids is given to bidders at least two days prior to the public meeting at which the bids are to be rejected. If after the first invitation for bids all bids are rejected, the City shall state the reasons for the rejection, and 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 by this article.

(2) By passage of a resolution by a four-fifths (4/5) vote of the City Council, declaring that the project can be performed more economically by City employees, and having the project done by force account without further complying with this article.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

In cases of great emergency as determined by City Council, including, but not limited to, states of emergency defined in Section 8558 of the Government Code and PCC 22035, when repair or replacements are necessary to permit the continued conduct of the operation of services of the City, or to avoid danger to life or property, City Council, by majority vote, may proceed at once to replace or repair any public facility without adopting plans, specification, or working details, or give notice for bids to let a contracts. The work may be done by City forces, by contract, or by a combination of the two (2). City Council delegates to the City Manager, the authority to declare a public emergency subject to confirmation by City Council by a four-fifths (4/5) vote, at its next meeting.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

Public Project contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive bidding requirements of this chapter.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

Any interested party may file a protest regarding the procurement decisions authorized under this chapter.

(a) Notice of Decision. After a decision regarding a procurement having a value over the amount as is reflected under PCC Section 22032(a) has been made, the Department Head or designee shall notify all persons who submitted a response to a City solicitation of intended award. If a bidder is rejected because the bid is found non-responsive or because the bidder is deemed not-responsible, the City will give written notice to said bidder of evidence reflecting such decision.

(b) Time to File Protest. All protests must be filed in writing and received by the Department Head within five (5) business days of the date on the notice of intended award.

(c) Form of Protest. All protests shall be in writing, state the grounds for the protest, state the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or another bidder was either non-responsive or not responsible. All protests must be filed in accordance with the instructions contained in the solicitation which is the subject of the protest.

(d) City Manager Review. The City Manager or designee shall review the protest and issue a written decision on the protest. The City Manager or designee may base the decision on the written protest alone or may informally gather evidence from the person(s) filing the protest or any other person having relevant information. For procurements having a value of less than the statutory limits contained in PCC Section 22032(b), the City Manager’s or designee’s decision shall be final.

(e) Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a “responsible” bidder, the protesting party must submit materials set forth in subdivision (c) above for consideration. A hearing will be set within a reasonable time to provide a decision before final approval of the selected low bid. For procurements having a value of less than the statutory limits contained in PCC Section 22032(b), the City Manager’s or designee’s decision shall be final.

(f) Appeal of City Manager’s Decision to City Council. For procurements having a value exceeding the statutory limits contained in PCC Section 22032(b), an appeal of the City Manager’s decision may be filed with City Council. All such appeals must be in writing and shall be filed with the City Clerk within five (5) business days from the date of the City Manager’s decision.

(g) Failure to Timely Appeal. An interested party who fails to file a protest within the times set forth in this section waives any right to protest the issue further. No appeal to either the City Manager or City Council of any decision to award a bid under Chapter 10 may occur once the contract has been awarded.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)