CC Ordinance No. 1900ORDINANCE NO. 1900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 3.23 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO PUBLIC WORKS CONTRACTS AND BIDDING PROCEDURES, REPEALING
SECTION 3.23.160 AND ADDING A NEW SECTION 3.23.160
RELATING TO CHANGE ORDERS FOR ADDITIONAL WORK ON PUBLIC WORKS
CONTRACTS AND DECLARING THE URGENCY THEREOF
SECTION 1. Findings. The City Council of the City of Cupertino does hereby find that:
Section 3.23 Public works Contracts and Bidding Procedures, as currently enacted, does not
provide sufficient flexibility and authority for the practical and efficient administration of public
works projects, and:
In order to protect the public safety, health and welfare, this ordinance is adopted as in urgency
Ordinance pursuant to Government Code Section 65858. There are public works projects currently
under construction that provide for safeguarding the health and welfare of the adjacent
neighborhoods, that cannot be efficiently and expeditiously administered without the flexibility and
authority provided by this ordinance amendment.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
Chapter 3.23, be amended to repeal Section 3.23.160 in its entirety and to add the following new
Section 3.23.160:
Section 3.23.160 Additional Work by City Authority
Notwithstanding the provisions of this Chapter, if the Director of Public Works determines
that additional or extra work on any public works project is required to complete the project as
originally intended, the Director of Public Works is authorized to approve contract change orders for
additional or extra work on any public works contract without complying with the bidding
requirements established in this chapter, provided that each individual contract change order does not
exceed the required dollar value for bidding established by Section 22032 of the California Public
Contract Code; and, further, that the aggregate total of all such contract change orders for any one
public works project does not exceed the value of the project contingency established for the project
at the time the contract is awarded. Under this same authority, the Director of Public Works is
authorized to approve extensions of time to public works contracts up to a maximum of 60 calendar
days.
This urgency ordinance shall take effective immediately.
Ordinance No. 1900
INTRODUCED and ENACTED at a regular adjourned meeting of the City Council of the City of
Cupertino this 19th day of August, 2002, by the following vote:
Vote
Members of the Cie/Council
AYES: Lowemhal, Chang, James, Kwok
NOES: None
ABSENT: Sandoval
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 1900, which was enacted on
August 19, 2002 and that it has been published or posted pursuant to law
(G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
21 st day of August, 2002.
KIMBERLY S]~I~ITH, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate