CC Ordinance No. 16-2143 Amending Sections 3.23.030, 3.23.040, 3.23.050, 3.23.120 of Chapter 3.23 of Title 3 Regarding Public BiddingORDINANCE NO. 16-2143
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE CUPERTINO MUNICIPAL CODE SECTIONS 3.23.030, 3.23.040,
3.23.050, 3.23.120 OF CHAPTER 3.23 OF TITLE 3 REGARDING PUBLIC BIDDING
WHEREAS, this Ordinance was determined to be not a project under provisions and
requirements of the California Environmental Quality Act of 1970, together with related
State CEQA Guidelines (collectively, "CEQA"), in that the amendments involve
procedural administrative changes will not have a direct or reasonably foreseeable
indirect change-to the-physical environment; and--
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the "not a project"
determination under CEQA prior to taking any approval actions on this Ordinance and
agrees with such determination; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.23.030 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.030 Competitive Bidding.
Except as otherwise provided for in this chapter, public works projects with an
estimated dollar value in excess of the required dollar value for competitive bidding
established by section 22032(a) of the California Public Contracts Code, as may be
amended, shall be contracted for pursuant to the procedures prescribed in this chapter.
SECTION 2. Section 3.23.040 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.040 Notice Inviting Bids.
The notice inviting bids shall be in the form and published as follows:
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A. Notices inviting bids shall include:
1. A distinct description of the public works project to be performed;
2. The location where bid blanks and specifications may be secured;
3. The time and place for opening bids;
4. The type and amount of bidder's security required;
5. The class of license required for the public works to be performed; and
6. A statement that the City has the authority to reject any and all bids and
may waive any minor technicality or variance from the bid specifications.
B. The notice inviting bids shall be:
1. Published in a newspaper of general circulation printed and published in
the City at least the number of days specified in Section 22037 of the California
Public Contract Code, as may be amended, before the opening of bids; and
2. Provided to all construction and trade journals specified in Section 22036
of the California Public Contract Code, or as may be amended, at least the
number of days and by the methods set forth in Section 22037 of the California
Public Contracts Code, as may be amended.
SECTION 3. Section 3.23 .050 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.050 Presentation of Bids-Security Required-Subcontractor Designated in Bid.
A . All bids shall be presented under sealed cover (identified as bids on the envelope),
submitted to the City Clerk and accompanied by one of the following forms of bidder's
security:
1. Cash;
2. A cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bidder's bond executed by an admitted surety insurer, made payable to the
City.
B. The security shall be in an amount equal to at least ten percent of the amount of
the bid, or such other sum as may be specified by the California Public Contract Code.
A bid shall not be considered unless one of the forms of bidder's security is enclosed
with it.
Ordinance 16-2143
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C. Upon award of the contract to the lowest responsible bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time, but in no event
shall such security be held by the City beyond ninety days from the date the notice of
award of contract is mailed.
D. All bidders on a public works project must designate in its bids the name, address,
the portion of the work each subcontractor will perform, and other information as
required by Section 4101(a)(l) of the Public Contracts Code, as may be amended, of
each subcontractor:
1. who will perform work exceeding one-half of one percent of the prime
contractor's total bid, or
2. who meet or exceed the-tlrreshotds for -specifit types-of work as -spedfted-in
Section 4104(a)(l) of the Public Contracts Code, as may be amended.
E. The prime contractor shall list only one subcontractor for each portion of work as is
defined by the prime contractor in their bid.
SECTION 4. Section 3.23 .120 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23 .120 Informal Bidding Procedure for Public Works Projects.
Except as otherwise required by this chapter or under state or federal law, the bidding
procedures of this chapter may be dispensed with for public works projects with an
estimated dollar value equal to or less than the required dollar value specified in
Subdivision (b) of Section 22032 of the Public Contract Code, or as may be amended,
and the following informal bidding procedures substituted:
A. The City shall maintain a list of qualified contractors, identified according to
categories of work. Minimum criteria for compilation of the contractor list shall be
determined by the California Uniform Construction Cost Accounting Commission
("Commission"). All contractors on the list for the category of work being bid and/or
all construction trade journals specified by the Commission shall be mailed a notice
inviting informal bids, unless the product or service is proprietary.
B. All mailing of notices to contractors and construction trade journals shall be
completed not less than the number of days specified in Section 22304( c) of the
California Public Contract Code, or as may be amended, before the date of opening the
bids.
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C. The City Council hereby delegates the authority to award contracts pursuant to
informal bidding to the City Manager or other person designated in writing by the City
Manager.
SECTION 5. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 19th day of April and ENACTED at a regular meeting of the City Council of the City
of Cupertino the 3rct of May 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
Grace Schmidt, City Clerk
ST ATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
-CITY OF CUPERTINO ~
I,. GRACE SCHMIDT, 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. 16-2143, which was
enacted on May 3, 2016, 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 5th day of May, 2016.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California