ORDINANCE NO. 875
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, ADDING SECTION 2-6.24 TO CHAPTER 6 OF TITLE II OF
THE LOMITA MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING
PROCEDURES UNDER THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNT ACT (SECTION 22000 ET SEQ. OF
THE PUBLIC CONTRACT CODE)
THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals.
A. Under the California Public Contracting Code ("PCC") provisions applicable to the City, all public works projects valued over $5,000 must be competitively bid under a specific procedure that compels the City to prepare engineering drawings and specifications, to publish the opportunity to bid on the project, and to award a construction contract to the lowest responsive and responsible bidder.
B. The California Uniform Public Construction Cost Accounting Act ("UPCCAA" or "Act") was created in 1983 as an alternative bidding procedure designed to reduce costs, expedite the awards process, improve efficiencies, and simplify administration of smaller public projects.
C. The Act allows for public project work in the amount of $75,000 or less to be performed by the public agency's force account, by negotiated contract, or by purchase order per PCC Section 22032(a). Public projects in the amount of $220,000 or less can use the informal bidding procedures set forth in the Act in PCC Section 22032(b). Public projects at a cost of more than $220,000 shall use formal bidding procedures to let the contract pursuant to PCC Section 22032(c). These thresholds are amended from time to time.
SECTION 2. SECTION 2-6.24 is hereby added to Chapter 6 of Title II of the Lomita Municipal Code ("LMC") to provide as follows:
Section 2-6.24—Informal bidding procedures under the Uniform Public Construction Cost Account Act
Unless otherwise indicated, the following definitions shall apply to all provisions of this Chapter:
(1) General
a. "Act" means the Uniform Public Construction Cost Accounting Act found at California Public Contract Code, Section 22000 et seq. The Act is incorporated herein by reference as if fully set forth herein.
Ordinance No. 875
b. "Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010).
c. "Public Project" shall have that meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time.
d. "Public Project Formal Bidding Procedure" means a procedure which meets the requirements of State and Local Law, including Section 22037 of the Act, this chapter and any policies and procedures approved by the City Manager consistent with this chapter.
e. "Public Project Informal Bidding Procedure" means a procedure which meets the requirements of State and Local Law, including Section 22034 of the Act, this chapter and any policies and procedures Approved by the City Manager consistent with this chapter.
f. "Purchasing Officer" means the City Manager or his or her designee. (2) Bidding requirements—Public Projects.
a. Small Projects. Public Projects that do not exceed the limit set forth in subd. (a) of section 22032 of the Public Contract Code, currently seventy-five thousand dollars ($75,000) as of 2025, may be performed by force account or negotiated contract.
b. Medium Projects. Public Projects that do not exceed the limit set forth in subd. (b) of section 22032 of the Public Contract Code, currently two hundred twenty thousand dollars ($220,000) as of 2025, may be let by Public Project Informal Bidding Procedure.
c. Large Projects. Public Projects that exceed the limit set forth in subd. (c) of section 22032 of the Public Contract Code, currently two hundred twenty thousand dollars ($220,000) as of 2025, may be let to contract by Public Project Formal Bidding Procedure.
d. Award. Contracts for Public Projects subject to the Public Project Informal Bidding Procedure or Public Project Formal Bidding Procedure, if awarded, shall be awarded to the lowest responsive and responsible bidder, and if two or more bids are the same and the lowest, the Purchasing Officer of City Council, as applicable, may accept the one it chooses.
e. No Bid Splitting. The City shall not split a Public Project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this Code. f. Delegation of Awarding Authority. Pursuant to section 22034 of the Public Contract Code, the City Council hereby delegates authority to the Purchasing Officer to award contracts that do not exceed the limit set forth in subd. (b) of section 22032 of the Public Contract Code, currently two hundred twenty thousand dollars ($220,000) as of 2025.
Ordinance No. 875
g. Exemptions. Notwithstanding any other provision of this Chapter, the City may dispense with the procedures otherwise required by this Chapter to the extent permitted by applicable law, including by way of illustration and not by limitation, when competitive bidding would work an incongruity, confer no advantage, or otherwise be contrary to the public interest.
(3) Public Projects— Force Account and Negotiated Contract. a. Small Projects. Public Projects that do not exceed the limit set forth in subd. (a) of section 22032 of the Public Contract Code, currently seventy-five thousand dollars ($75,000) as of 2025, may be performed by the employees of a public agency by force account, by negotiated contract, purchase order, or Alternative Procedure.
(4) Public Projects—Informal Bidding Procedure.
a. Uses of Public Project Informal Bidding Procedure. This Informal Bidding Procedure shall be Used when a Public Project is involved and informal bidding is permitted by this chapter.
b. Contractor List. The Purchasing Officer may maintain a list of qualified contractors, identified according to categories of work, as described in Section 22034(a) of the Act. The list shall be developed and maintained in accordance with criteria established by the Commission.
c. Distribution of Notice Inviting Informal Bids. The Purchasing Officer shall provide a notice inviting informal bids. The notice inviting informal bids shall be mailed to either or both of the following:
1. All contractors on a qualified contractors list maintained pursuant to subsection B. of this section; and/or
2. All construction trade journals specified in Section 22036 of the Act. i. The notice inviting informal bids must be given not less than ten calendar days before the bids are due.
d. Contents of Notice Inviting Informal Bids. At a minimum, the notice inviting informal bids shall:
1. Describe the Public Project in general terms;
2. State how to obtain more detailed information about the Public Project;
3. State the date, time and place for the submission of sealed bids; and
4. Include any other information required by State or Local Law, as determined by the City Attorney.
e. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be Approved by the Director of the Using Department, as well as the City Attorney.
f. City's Authority. The City may reject any or all bids received, and may waive any minor irregularities in each bid received.
Ordinance No. 875
g. No Bids Received. If no bids are received, the City may award the contract by force account or negotiated contract.
h. Award of Contract. The contract shall be awarded, if at all, to the lowest responsible bidder. If two or more bids are the same and the lowest, the City may accept the one it chooses.
(5) Public Projects—Formal Bidding Procedure.
a. Uses of Formal Bidding Procedure. This Formal Bidding Procedure shall be Used whenever formal bidding is required for a Public Project. b. Required Process. The formal competitive bidding procedure shall comply with all applicable aspects of State and Local Law governing formal competitive bidding, including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, Resolutions of the City Council as may be adopted from time to time, and policies and procedures as the City Manager may approve from time to time.
c. Notice Inviting Formal Bids. Notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. Notices shall state the time and place for the receiving and opening of sealed bids and distinctly describe the Public Project. At a minimum, the notice inviting formal bids shall:
1. Describe the Public Project;
2. State how to obtain more detailed information about the Public Project;
3. State the date, time and place for the submission of sealed bids; and
4. Include any other information required by State or Local Law, as determined by the City Attorney.
d. Published Notice. The notice shall be published at least fourteen calendar Days before the date of opening the bids in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City.
e. Distribution of Notice Inviting Formal Bids. The notice inviting formal bids shall also be sent to those construction trade journals specified in Section 22036 of the Act at least fifteen calendar Days before the date of bid opening. f. Additional Notice. The City shall also provide any additional notice as it deems proper.
g. City's Authority. The City may reject any or all bids received, and may waive any minor irregularities in each bid received.
h. No Bids Received. If no bids are received, the Purchasing Officer may award the contract by any Alternative Procedure.
i. Award of Contract. The contract shall be awarded, if at all, to the lowest responsible bidder. If two or more bids are the same and the lowest, the City may accept the one it chooses.
Ordinance No. 875
j. Rejection of Bids. The City may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the Public Project, the City shall have the option of any of the Following:
1. Abandon the Public Project; or
2. Readvertise for bids in the manner described in this chapter; or
3. By passage of a resolution by a four-fifths vote of the City Council, declare that the Public Project can be performed more economically by the employees of the City and have the Public Project done by force account.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after the date of its passage and adoption; and within fifteen (15) days after its passage and adoption, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this 19th day of August 2025 ____________________________
Mark A. Waronek, Mayor
ATTEST:
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
Trevor Rusin, City Attorney