A. 
It is in the public interest for the city to elect to become subject to the uniform public construction cost accounting procedures adopted by the California Uniform Construction Cost Accounting Commission pursuant to Public Contract Code Sections 22000 et seq., Part 3, Chapter 2.
B. 
Such election will enable the city to perform public works projects with its own forces, by contracts awarded through negotiation, purchase order without competitive bidding and/or informal bidding procedures when it is in the best interest of the city to do so unless specifically prohibited by the project's funding source(s) guidelines.
C. 
It is the intent of the city that this section governs the selection of public contractors by the city through alternative bidding procedures, in accordance with Public Contract Code Section 22032.
D. 
It is the intent of the city that any future amendments, duly adopted by the State Legislature, to Public Contracts Code Sections 22000 et seq., shall automatically become the law of the city, even if in conflict with this chapter.
(Prior code § 2712.1; Ord. 757 § 1, 1989; Ord. 958 § 1, 2000; Ord. 1160 § 2, 2022)
As used in this chapter:
"Facility"
means any plant, building, structure, ground facility, utility system, subject to the limitation found in subsection 3 of the definition for "public project," real property, streets and highways or other public work improvement.
"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 publicly owned utility system, "public property" includes only the construction, erection, improvement or repair of dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand volts and higher.
"Public project"
does not include maintenance work. For purposes of this chapter, "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 less than one inch in thickness of streets and highways;
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, powerplants, and electrical transmission lines of two hundred thirty thousand volts and higher.
(Prior code § 2712.2; Ord. 757 § 1, 1989)
Public works projects undertaken by the city shall be subject to the following limitations:
A. 
Public projects of seventy-five thousand dollars or less (or as thereafter amended by the California Uniform Construction Cost Accounting Commission, hereinafter, the "Commission") may be performed by city employees by force account, or may be awarded by negotiated contract or by purchase order without competitive bidding, as recommended by the director of public works, depending on the nature, urgency, complexity and cost of the project. The city manager will advise the city council of projects in this cost range prior to commencement of work, negotiations, or informal bidding procedures.
B. 
Public projects over seventy-five thousand dollars and less (or as thereafter amended by the Commission) than two hundred twenty thousand dollars (or as thereafter amended by the Commission) shall be contracted by informal bidding procedures as set forth in Section 3.48.080. The city manager will seek prior council approval to proceed with projects not contained in the current budget.
C. 
Public projects over two hundred twenty thousand dollars (or as thereafter amended by the Commission) shall be contracted by formal bidding procedures as set forth in Section 3.48.100. The city manager will seek prior council approval to proceed with projects not contained in the current budget.
D. 
The award of bid shall, whenever possible, be awarded to the lowest responsible bidder.
E. 
Notices Inviting Bids. The purchasing officer shall solicit bids by written request to contractors licensed and experienced for the type of public work to be performed.
(Ord. 772 § 1, 1990; Ord. 958 § 2, 2000; Ord. 1152 § 2, 2021; Ord. 1160 § 2, 2022; Ord. 1207, 4/28/2026)
A. 
The director of public works shall develop a list of qualified contractors eligible to submit bids on informal contracts awarded by the city. In developing the list, the director of public works shall obtain from the Contractor's State License Board, and from construction trade associations within the County of Los Angeles, names and addresses of qualified contractors located in Los Angeles County.
B. 
The list shall be organized in accordance with the license classifications of the Contractor's State License Board.
C. 
The director of public works shall publish annually, in all construction trade journals required by the California Uniform Construction Cost Accounting Commission in accordance with Public Contract Code Section 22036, notice that the city has elected to become subject to the uniform public construction cost accounting procedures, that it maintains a list of contractors qualified to submit bids on informal contracts and of the city office to contact for all information necessary for a qualified contractor to be included on the list.
D. 
Any licensed California contractor qualified according to classification may upon request be added to the list as set forth in subsection B of this section, at any time.
E. 
The director of public works shall develop and provide to contractors who apply for inclusion on the list a simplified form requesting the applicant's name, address and California contractors license number and classification.
(Prior code § 2712.5; Ord. 757 § 1, 1989)
The city council delegates to the director of public works authority to prepare and approve plans, specifications and working details for all informal contracts and directs the director of public works to develop plans, specifications and working details necessary to enable a qualified contractor to perform the work required for each informal contract awarded.
(Prior code § 2712.6; Ord. 757 § 1, 1989; Ord. 1152 § 2, 2021)
A. 
With the concurrence of the manager, the director of public works will establish the need, urgency and funding source of new city public projects ranging in cost from zero to one hundred thousand dollars. Public projects shall be contracted in accordance with requirements of Section 3.48.040.
B. 
Projects shall not be split to avoid any of the bidding requirements contained in the Uniform Public Construction Cost Accounting Act, Public Contract Code 22000 et seq.
C. 
The director of public works shall mail notice inviting informal bids to all contractors on the list of qualified contractors for the category of work being bid, and/or to all construction trade journals as specified in subsection C of Section 3.48.050.
D. 
The director of public works shall complete the mailing of notices inviting informal bids, as required by this section, not less than ten calendar days before bids are due.
E. 
The notice inviting informal bids shall describe the projects in general terms, how to obtain more detailed information about the project, whether or not the project is required to be submitted on the city's approved electronic procurement platform and state the time and place for the submission of bids.
(Ord. 772 § 1, 1990; Ord. 958 § 3, 2000; Ord. 1160 § 2, 2022)
A. 
At the time provided in the notice inviting informal bids, the city clerk shall open all bids timely received and the purchasing officer shall award the contract to the lowest responsible bidder based upon the recommendation of the director of public works. If two or more bids are the same and lowest, the purchasing officer shall award the contract by drawing lots. If no bids are received, the director of public works may solicit informal bids again, perform the work by city forces, by force account or by contract, as he/she determines to be in the best interests of the city.
B. 
If all bids received are in excess of the two hundred twenty thousand dollars informal bid limit, the city council may by passage of a resolution by a four-fifths vote, award the contract to the lowest responsible bidder for an amount not exceeding one hundred ten percent of the informal bidding limit, provided the council determines the city's cost estimate for the project was reasonable, pursuant to California Public Contract Code Section 22034(f).
(Prior code § 2712.8; Ord. 757 § 1, 1989; Ord. 958 § 4, 2000; Ord. 1152 § 2, 2021; Ord. 1207, 4/28/2026)
The city reserves the right to reject any and all bids presented. If, after the first invitation for informal bids are rejected, the purchasing officer shall have the option, after reevaluating the project cost estimates to do one of the following:
A. 
Abandon the project or readvertise for bids in the manner described in this chapter.
B. 
By adoption of resolution by four-fifths majority of the city council, declare that the project can be performed more economically by city employees and the city may then have the project constructed by force account.
(Prior code § 2712.9; Ord. 757 § 1, 1989)
Formal bidding of public projects with an estimated value in an amount over two hundred twenty thousand dollars shall be let to contract by formal bidding procedure. (Public Contract Code Section 22037).
(Ord. 772 § 1, 1990; Ord. 958 § 5, 2000; Ord. 1152 § 2, 2021; Ord. 1207, 4/28/2026)
The city council delegates to the director of public works the power to declare a public emergency, as defined in Public Contract Code Section 22035, and to accomplish repairs and/or replacements as are necessary to permit the continued operation or services of the city or to avoid danger to life or property. The work shall be performed at once without the benefit of informal or formal bidding. The work may be done by city forces, by contract or by both. The director of public works shall provide a full report on the emergency and work performed at the next meeting of the city council, at which time the city council must confirm such action by a four-fifths vote, and further determine appropriate action such as, but not limited to, whether work should continue without the benefit of informal or formal bidding.
(Prior code § 2712.11; Ord. 757 § 1, 1989)
There is created within the city an Economic Opportunities Program to encourage the employment of unemployed Pico Rivera citizens on public works projects performed by or on behalf of the city.
A. 
Application. The provisions of this Economic Opportunities Program shall only apply to those public works projects which have been recommended for inclusion in the program by the city engineer and city manager to the city council and approved by the city council for inclusion in the program. Inclusion or deletion of public works projects from the Economic Opportunities Program shall be within the sole discretion of the city council.
B. 
Definitions.
"EOP"
means the Economic Opportunities Program.
"EOP project"
means a public works project which has been approved by the city council for participation in the Economic Opportunities Program.
"EOP participant"
means a bona fide citizen of the city who is on file with the California Employment Development Department as being unemployed and who is skilled and qualified to perform the type of work in a job classification designated for an EOP project by the city engineer.
"EOP goal"
means the goal set by the city council for the percentage of the EOP participants to be employed for each EOP project. The city council shall set the EOP goal at the same time it designates the EOP project.
"EOP contractor"
means a person or entity contracting directly with the city for the performance of an EOP project.
"EOP subcontractor"
means any subcontractor employed by an EOP contractor to perform work on an EOP project.
C. 
EOP Requirements. Every contractor contracting directly with the city on an EOP project shall comply with the requirements of the EOP program contained in this section.
1. 
Every EOP contractor shall include in his or her bid or contract proposal a program to meet the EOP goal. The program of the EOP contractor shall include, but not be limited to, the following means of employing EOP participants:
a. 
Obtaining EOP participants by placing a job order with the Whittier office of the State Employment Development Department;
b. 
Advertising employment positions by posting notices which identify the positions to be filled, the qualifications required, and when to obtain additional information about the application process in conspicuous public places such as the City Hall, post offices, libraries, senior citizens centers and parks;
c. 
Scheduling and advertising a job informational meeting to be conducted by the city or contractor representatives at a city facility;
d. 
Arranging for contractor representatives to be available to provide assistance to city residents in completing job application forms;
e. 
Arranging for the holding of a workshop on applying and interviewing for jobs;
f. 
Arranging for a location where job applications may be delivered to and collected;
g. 
Conducting job interviews at locations easily accessible to Pico Rivera residents;
h. 
Advertising the jobs to be filled through the local media, such as community television network, newspapers of general circulation, trade papers and minority focus newspapers;
i. 
Telephone solicitation of known potential EOP participants;
j. 
Any other means of obtaining EOP participants which are reasonably calculated to comply with the EOP goal.
2. 
Upon the determination of the lowest responsible bidder for an EOP project, and prior to the award of the bid, the lowest responsible bidder must demonstrate to the reasonable satisfaction of the city engineer that the bidder will meet the EOP goal, or that the bidder has used his or her best good faith efforts to comply with the EOP goal. The determination of the city engineer may be appealed in writing to the city manager within three days of the determination by the city engineer. The determination of the city manager shall be final. If it is determined that the lowest bidder does not meet the EOP goal, or has not made his or her best good faith efforts to comply with the EOP goal, then that bid will be considered nonresponsive. The same process will then be used to determine if the second lowest bidder complies with the requirements of the EOP program. This process will be completed until the lowest remaining bidder is determined to comply with the EOP program.
3. 
Every contract or agreement between the city and an EOP contractor shall contain provisions requiring the contractor to carry out the provisions of the EOP program.
4. 
Every EOP contractor or EOP subcontractor shall incorporate or cause to be incorporated in all contracts or subcontracts for work to be performed in connection with the EOP project the requirements of the EOP program.
5. 
In order to ensure that the city engineer is kept informed on the progress being made by the EOP contractor and subcontractor in meeting their obligations under the EOP program, each EOP contractor and subcontractor is required to:
a. 
Maintain such records and accounts and furnish such information and reports as are required by the city engineer and permit the city engineer access to books, records and premises for purposes of investigation in connection with ascertainment of compliance with the EOP program. The EOP contractor shall maintain records of all individuals hired under the EOP project. Such records shall show the name and address of each EOP participant and the gross dollar amount actually paid in wages to each EOP participant.
6. 
The city engineer is authorized to provide such forms and procedures as may be necessary to administer the provisions of the EOP program. The city engineer is further authorized to establish the job classifications appropriate for each EOP project.
7. 
An EOP participant shall not be dismissed from employment without good cause and without the written consent of the city. If an EOP participant is unable to perform successfully, and is to be replaced, the contractor will be required to make good faith efforts to replace the original EOP participant with another EOP participant. If any EOP participant is dismissed from employment without the written consent of the city, the original EOP participant must be rehired, or replaced with another EOP participant at the discretion of the city.
D. 
Invitations for bids and requests for proposals for EOP projects shall contain specific notification that this is an EOP project under which the contractor will be required to employ unemployed Pico Rivera citizens as required by the EOP program adopted by the city.
E. 
Failure of any EOP contractor or EOP subcontractor to comply with the provisions of the EOP program shall be cause for termination of the contract for the EOP project. The EOP contractor shall be liable to the city for all damages resulting from such termination as otherwise provided by law.
(Ord. 848 § 1, 1993)