ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE CHAPTERS 3.22 AND 3.23
The City Council of the City of Cupertino finds that:
W
HEREAS, this Ordinance makes revisions to the Cupertino Municipal Code to introduce improvements, provide clarity and implement best practices for the purchase of goods, services or public work contracts for improved administration of the City purchasing processes.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
Ordinance No. __________
SECTION 4: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
INTRODUCED at a special meeting of the Cupertino City Council on February 21, 2024 and ENACTED at a regular meeting of the Cupertino City Council on March 5, 2024 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
Amendment to Chapter 3.22 and 3.23- Page 1
Attachment A – An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 3.22 And 3.23
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double‐underlined text (example) and text to be deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text.
1. Amendments to Chapter 3.22
(Purchase of Supplies, Materials, Equipment and
Services)
3.22.010 Purpose of cChapter.
3.22.020 Definitions.
3.22.030 Purchasing Officer.
3.22.040 Purchase orders, or check requests needed, ‐Purchasing Cards or Use of petty cash funds.
3.22.050 Availability of funds.
3.22.060 Purchasing requirements.
3.22.070 Exemptions.
3.22.010 Purpose of Chapter.
This cChapter is enacted to set forth policy to establish efficient procedures for the purchase of supplies, materials, equipment and sServices at the lowest possible cost commensurate with quality needed, and to clearly define authority for the purchasing function of the City.
3.22.020 Definitions.
For the purposes of this cChapter, the following words and phrases shall have the meanings ascribed to them by given in this section.
1. “Bid” means any proposal competitive price‐based bid submitted to the City in competitive bidding for City purchases and contracts for supplies, materials, equipment, and/or Sservices.
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Amendment to Chapter 3.22 and 3.23- Page 2
2. “Lowest responsible bidder” means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the contract.
3. ”Proposal” means a competitive submittal that is evaluated based on vendor qualifications, project approach, costs and other requirements for purchases and contracts for Services.
34. “Purchases.” Purchases of supplies and equipment shall include leases or rentals, as well as transactions by which the City acquires ownership.
5. “Purchasing Manager” means the principal purchasing official responsible for developing policy and ensuring compliance in the procurement of goods and services in accordance with applicable law.
46. “Purchasing Officer” means the City Manager or any other official or officials designated in writing by the City Manager for administration of this cChapter.
57. “Services” means any and all services including, but not limited to, professional services, consulting, technology solutions and equipment and maintenance service contracts.
The term does not include services rendered by City officers or employees, or professional or other services which are by nature unique or for which the procedure for procurement is specifically provided by law.
68. “Supplies,”, “materials” and “equipment” means any and all articles, things or tangible personal property furnished to or to be used by the City.
3.22.030 Purchasing Officer.
A. The Purchasing Officer of the City is vested with the authority for the purchase of supplies, materials, equipment, and sServices. When the provisions and intent of this cChapter may be best served by so doing, the Purchasing Officer may authorize in writing any department, or the Purchasing Manager, to investigate, solicit bids or to negotiate the purchase or award of contracts for supplies, materials, equipment or sServices for that department, provided that such shall be done in conformity with the procedures prescribed by this cChapter or by duly adopted administrative rules and regulations pertaining thereto.
B. The Purchasing Officer shall have the responsibility and authority to:
21. Prepare and adopt policies, administrative rules, and regulations and procedures not in conflict with the provisions of this cChapter for the purpose of carrying out the requirements and intent of this purchasing system.
12. Purchase or contract for materials, supplies, equipment, or and sServices to be performed as may be required by any department of the City in accordance with Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 3
procedures prescribed by this cChapter or by such administrative rules, policies and regulations procedures as the Purchasing Officer may adopt pursuant thereto.;
2. Prepare and adopt administrative rules and regulations not in conflict with the provisions of this chapter for the purpose of carrying out the requirements and intent of this purchasing system.
3.22.040 Purchase Orders or Check Requests Needed–Use of Petty Cash Funds.
A. Purchases of supplies, materials, equipment or sServices shall be made only by means of purchase orders, purchasing card or check requests processed and issued pursuant to this cChapter. The A purchase orders or check requests shall be valid only when signed by the City Manager, the Purchasing Officer or other persons as may be designated by the Purchasing Officer to act in his behalf designee.
B. Nothing herein shall preclude the use of authorized petty cash funds for purposes intended by their establishment.
3.22.050 Availability of Funds.
The Purchasing Officer shall not issue any purchase order, or approve a check request, or award any contract for the acquisition of supplies, materials, equipment or sServices, unless there exists an unencumbered appropriation in the funds as approved by City Council resolution adopting procedures for administration of the annual budget. The appropriate account and funds shall be encumbered immediately after the issuance of the purchase order, approval of a or check request or award of contract.
3.22.060 Purchasing Requirements.
A. Open Market Purchases. The Purchasing Officer may award contracts, or issue purchase orders or approve check requests for the acquisition of supplies, materials, equipment or sServices in the open market without observing the competitive bidding procedure contained in this Chapter when the dollar value as provided for by the administrative policy. A non‐competitive open market purchase will foreseeably equal, or be less than, the amount for public works contracts described in section 22032(a) of the Public Contracts Code.
B. Purchases Approved by the Purchasing Officer1Informal Competitive Bidding Procedures. In instances where the purchase of supplies, materials, equipment or sServices will foreseeably result in the issuance of a purchase order, approval of a check request or the award of a contract with a dollar value of greater than the amount for public works contracts described in section 22032(a) of the public contract code but that
1 *3.22.060 B was modified from previous 3.22.060 D
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Amendment to Chapter 3.22 and 3.23- Page 4
equals, or is less than the amount for public works contracts described in section 22032(b) of the public contracts code, the Purchasing Officer may award contracts or issue purchase orders or check requests for the purchase of supplies, materials, equipment or services has the authority to take this action.
Such action shall be taken only after the informal competitive bidding or proposal procedure described in subsection E F below is followed unless the City Manager finds in writing that the use of the informal competitive bidding or proposal procedure is not practical, undesirable or impossible due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving or exempting the informal competitive bidding or proposal process procedures appear apply. Upon making such a finding, the City Manager may direct the Purchasing Officer to may dispense with the informal competitive bidding or proposal procedure and make the purchase on the open market or through any other procedure which meets the City’s requirements.
BC. Purchases Approved by City Council.–Application of Formal Competitive Bidding Procedures. In instances where the acquisition of supplies, materials, equipment or sServices will foreseeably result in the issuance of a purchase order, approval of a check request, or the award of a contract with a dollar value in excess of the required dollar value amount for public works contracts described in section 22032(b) of the Public Contracts Code, such will be authorized only by action of the City Council has the authority to take this action.
Such action shall be taken after the formal competitive bidding or proposal procedures described in this sections D or E are followed, unless, pursuant to a written recommendation of the City Manager, the City Council finds that the use of the formal competitive bidding or proposal procedures are is not practical, undesirable or impossible due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving or exempting the formal competitive bidding or proposal process procedures appear apply. Upon making such a finding, the Council may direct the Purchasing Officer to dispense with the formal competitive bidding or proposal procedure and make the purchase on the open market or through any other procedure which meets the City’s requirements.
CD. Formal Competitive Bidding Procedures2. The formal bidding procedures required for purchases described in Section 3.22.060 (C)B are as follows: shall be to the
2 *3.22.060 D details were incorporated into administrative policy Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 5
lowest responsive and responsible bidder pursuant to administrative policy implemented by the Purchasing Officer.
1. Notice Inviting Bids.
a. Notice inviting bids shall include:
i. A distinct description of the supplies, materials, equipment or services to be purchased;
ii. The location where bid blanks, specifications and requests for proposals may be secured;
iii. The time and place for opening bids;
iv. A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance found in a bid document. b. The notice inviting bids shall be published at least fourteen calendar days before the date of opening of bids in a newspaper of general circulation printed or published in the City. Such notice may also be mailed to any vendor or provider which the Purchasing Officer has reason to believe may be in a position to provide the subject supplies, material, equipment or services to the City.
2. Opening of Bids. Bids shall be opened in public by the City Clerk at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened.
3. Award of Contract. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter.
4. Award to Next Lowest Bidder–Failure to Execute Contract. The City Council may, on refusal or failure of the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder.
5. Award of Contract to the Next Lowest Bidder–Lowest Bidder Irresponsible– Notice and Hearing.
A. The City Council, in its sole discretion, may reject the lowest monetary bid for purchases of supplies, materials, equipment or services upon a specific finding that the lowest monetary bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder’
B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall:
i. Give notice of the City Councilʹs decision to the lowest monetary bidder, setting forth the reasons why the bidder is not considered the lowest responsible bidder;
ii. Give the bidder the opportunity to ask for a pre‐award hearing before the City Council on the issue;
Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 6
iii. If the hearing is requested, agendize the matter before the City Council, giving written notice of such hearing to all bidders;
iv. After hearing, the City Council shall make a finding, supported by the evidence on the record as to the nonresponsibility of the lowest monetary bidder.
6. Rejection of Bids–Identical Bids–Absence of Bids. The City Council, in its sole discretion, may:
a. Reject any bids presented and re‐advertise for new bids; b. Reject any bid that fails to meet the requirements of the formal bidding procedure in any respect;
c. If two or more bids are the same and the lowest, the City Council may accept the one it chooses;
d. If no bids are received, the City Council may direct the Purchasing Officer to purchase the supplies, materials, equipment or services without further adherence to the formal bidding procedure;
e. Waive any minor irregularities or variances in any bid received.
D. Informal Competitive Bidding Procedures. In instances where the purchase of supplies, materials, equipment or services will forseeably result in the issuance of a purchase order, check request or the award of a contract with a dollar value of greater than the amount for public works contracts described in section 22032(a) of the public contract code but equals, or is less than the amount for public works contracts described in section 22032(b) of the public contracts code, the Purchasing Officer may award contracts or issue purchase orders or check requests for the purchase of supplies, materials, equipment or services.
Such action shall be taken only after the informal competitive bidding procedure described in subsection E below is followed unless the City Manager finds in writing that the use of the informal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the informal competitive bidding process procedure appear. Upon making such a finding, the City Manager may direct the Purchasing Officer to dispense with the informal competitive bidding procedure and make the purchase on the open market or through any other procedure which meets the City’s requirements.
E. Formal Competitive Request for Proposal Procedures. The formal proposal procedures required for the selection of the best qualified proposal shall be pursuant to administrative policy implemented by the Purchasing Officer.
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Amendment to Chapter 3.22 and 3.23- Page 7
EF. Informal Competitive Bidding or Proposal Procedure for Purchases Described in Subparagraph D. Above. Purchases described in section B shall be pursuant to administrative policy implemented by the Purchasing Officer. i. The procedures described in subsections 3.22.060 C I a and C2‐C6 of this chapter are applicable except that the duties described thereunder which are performed by the City Council are performed under these informal procedures by the Purchasing Officer. Determinations of the Purchasing Officer are subject to appeal pursuant to Chapter 1.16 of the City’s ordinance code.
ii. Publication of notice inviting informal bids is not required.
3.22.070 Exemptions.
A. Notwithstanding any provision of this cChapter to the contrary, the Purchasing Officer, with the written concurrence of the City Manager, is authorized to issue a purchase order, approve a or check request, or award a contract, without adherence to the other provisions Section 3.22.060 of this cChapter under the following instances:
A1. Emergency Purchases. The immediate requirement of an item supplies, materials, equipment, or Services necessary for the continued operation of a department or for the preservation of life, health or property shall be deemed an emergency. A full report of the circumstances of an emergency purchase in excess of the amount described in subsection 3.22.060 (C)B shall be filed with the City Council at its next regular meeting after the purchase was made.
B2. Recurring or Essential Services. Purchases orders or check requests, including payment of claims against the City where reasonable advanced estimates of costs cannot be determined for essential services of a recurring nature. Included in, but not limited to, this authorization are such items as utility services, approved settlements or claims for liability under the City’s insurance program, renewal premium for authorized insurance policies, necessary bonds, all expenditures for the Cityʹs payroll and employee benefits and other matters involving unknown estimates of costs.
3. Legal Services. Purchase of legal advice, legal consultation, attorneys, assistants, or special counsel to address legal matters shall be in accordance with Chapter 2.18.
B. The following situations are exempt from the informal and formal competitive bid or proposal procedures described in this Chapter. Exemption determinations will be documented and approved by the Purchasing Officer.
1C. Purchases From Other Public Agencies. Purchases of supplies, materials, equipment or Sservices from any other public agency created under the laws of the State of California or the United States Government are exempt from the bidding requirements of this chapter.
Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 8
D. Professional Services. Professional services including, but not limited to, services of lawyers, architects, engineers, land surveyors, artists and accountants are exempt from the bidding requirements of this chapter.
2. Specialized Services Purchase. Specialized services and advice, in accordance with Government Code 37103, for financial, economic, accounting, or administrative matters are exempt from a competitive process.
3. Sole Source Purchase. Purchases from a single entity that possess the unique ability, capability, equipment, technology, patent or copyright to meet the City’s need based on standardization, compatibility or operational requirement.
4. Use of Another Public Agency Cooperative Competitive Solicitation. After another governmental or public agency has completed a competitive procurement process in a manner similar to the bidding or proposal procedures described in this Chapter, and is for the goods or Services desired by the City, the City may award a contract to the selected vendor(s) resulting from that procurement process.
2. Amendments to Chapter 3.23 (Public Works Contract and Bidding Procedures)
3.23.010 Purpose.
This cChapter is enacted to enhance competition, to prevent corruption and undue influence in the awarding of public works contracts, and to clarify the City’s competitive bidding requirements established pursuant to Part 3 of the California Public Contract Code, Sections 20100 et seq.
3.23.020 Definitions.
As used in this cChapter, the following terms, phrases, words and their derivations shall have the meanings given in this section:
1. “Bid” means any proposal monetary bid submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind.
2. “Lowest responsible bidder” means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract sought.
3. “Public works contract” means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind.
4. “Public works project” means any of the following:
a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facilityThe erection, improvement, painting or repair of public buildings and works; Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 9
b. Painting or repainting of any publicly owned, leased, or operated facilityWork to protect against overflow of streams, bays, waterfronts or embankments; c. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. Street or sewer work except for maintenance or repair thereof;
d. Furnishing supplies or materials for any such project, including the maintenance or repair of streets or sewers.
5. “Public works project” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:
a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. b. Minor repainting.
c. Resurfacing of streets and highways at less than one inch. d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. e. 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 230,000 volts and higher.
6. For purposes of this Chapter, “facility” means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (c) of subdivision (4), real property, streets and highways, or other public work improvement.
7. “Purchasing Manager” means the principal purchasing official responsible for developing policy and ensuring compliance in the procurement of goods and services in accordance with applicable law.
8. “Purchasing Officer” means the City Manager, Director of Public Works or any other official or officials designated in writing by the City Manager for administration of this Chapter.
3.23.030 Competitive Bidding.
Except as otherwise provided for in this cChapter, 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 cChapter or by State Law.
3.23.040 Notice Inviting Bids.
The notice inviting bids shall be in the form and published as follows:
A. Notices inviting bids shall include:
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Amendment to Chapter 3.22 and 3.23- Page 10
1. A distinct description of the public works project to be performed;
2. The location where bid blanks documents, plans and specifications may be secured;
3. The time and place for opening bids;
4. The type and amount of bidderʹs 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.; and
3. Posted on the City’s website or another public bidding platform.
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 envelopeby the bid name and number), submitted to the City Clerk attention of the Purchasing Officer, or designee, via the process described in the notice inviting bids 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 bidderʹs 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 authorized 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.
C. Upon award of the contract to the lowest responsible bidder, the security of an unsuccessful bidder shall be returned no later than 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 awarded.
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Amendment to Chapter 3.22 and 3.23- Page 11
D. All bidders on a public works project must designate in their bids the name, address, the portion of the work each subcontractor will perform, and other information as required by Section 4101(a)(1) of the California Public Contract 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 as specified in Section 4104(a)(1), or
2. Who meet or exceed the thresholds for specific types of work as specified in Section 4101(a)(1) of the California Public Contracts Code, as may be amended. 3E. The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in their bid as specified in Section 4104 (b).
E. A contractor submitting a bid as the prime contractor shall not also submit a bid as a subcontractor for a competing prime contractor.
3.23.060 Opening Bids.
Bids shall be opened on the date stated in the notice inviting bids. A tabulation of all bids received shall be posted on the City’s website on the first working day within after 48 hours of the bid opening and will remain posted for a period of not less than fifteen calendar days after the bid opening. Any bid which is submitted after the time specified in the notice shall not be considered.
3.23.070 Award of Contract.
Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this cChapter.
3.23.080 Forfeiture of Security.
If the successful bidder fails to execute the contract within ten days after the date the notice of award of contract is mailed or provided, unless the City is responsible for the delay, the amount of the bidder’s security shall be forfeited to the City except as provided in Section 3.23.090.
3.23.090 Award of Contract to next Lowest Bidder–Failure to Execute Contract.
The City Council may, on refusal or failure to of the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed or provided, unless the City is responsible for the delay, award it to the next lowest responsible bidder. If the City Council awards the contract to the second lowest bidder, the amount of the lowest bidder’s security shall may be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the bidder’s surety if a bond is used.
Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 12
3.23.100 Award of Contract to Next Lowest Bidder–Lowest Bidder Irresponsible– Notice and Hearing.
A. The City Council, in its sole discretion, may reject the lowest bid upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder’s financial responsibility, type of license, type of equipment, number of years of experience in construction work, other projects bidder worked on in the last five years, whether bidder has failed to complete any contract, and bidder’s ability to be bonded and its quality, fitness, or capacity to satisfactorily perform the work.
B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall do the following:
1. Give notice of the City Council’s decision to the lowest bidder, setting forth the reasons why he/she the bidder is not considered determined the lowest “responsible” bidder;
2. In the notice, give bidder an opportunity to ask for a pre‐award hearing before the City Council on the issue;
3. If hearing is requested, agenda the matter pursuant to California Government Code hearing requirements;
4. After the hearing, the City Council shall make a finding, supported by the evidence on the record, as to the non‐responsibility of the lowest bidder.
3.23.110 Rejection of Bids–Identical Bids–Absence of Bids.
The City Council, in its sole discretion, may:
A. Reject any all bids presented and readvertise for new bids;
B. Reject any bid that fails to meet the bidding requirements in any respect;
C. If two or more bids are the same and the lowest, allow the City Council may accept the one it chooses Purchasing Officer or Purchasing Manager to select one through a blind selection process;
D. If no bids are received, the City Council may have the project done without further complying with this cChapter;
E. Waive minor irregularities in any bid received.
Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 13
3.23.120 Informal Bidding Procedure for Public Works Projects.
Except as otherwise required by this cChapter or under state or federal law, the bidding procedures of this cChapter 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, 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 or emailed 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.
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 Purchasing Officer.
3.23.130 Exempt from Bidding Requirements.
The following are exempt from competitive bidding requirements:
A. Professional Services. Includes, but is not restricted to, services of lawyers, architects, engineers, land surveyors, artists, and accountants; B. Maintenance. Includes the maintenance and repair of streets and sewers, but does not include the furnishing of materials for such maintenance; AC. Emergency Work. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the City Council may pass a resolution by a four‐fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property in accordance with Public Contract Code Section 22050. Upon adoption of the resolution, the City may expend any sum required in the emergency without complying with this cChapter;
BD. Small Contracts. Any contract for public works projects with an estimated dollar value equal to or less than the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code; Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 14
CE. Meaningless Bids. Where the nature of the subject of the contract is such that competitive proposals bids would not produce an advantage and when the advertisement for competitive bidding would be undesirable, impracticable or impossible;
DF. Performance of Project After Rejection of Bids. After rejection of bids presented, the City Council may pass a resolution by a four‐fifths vote declaring that the project can be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, the City is relieved from further compliance with formal bidding requirements.
3.23.140 Performance Bond of Successful Bidder.
The City ManagerPurchasing Officer has authority to require a performance bond before entering a contract, in such amount as the City Manager Purchasing Officer finds reasonably necessary to protect the best interests of the City or as may be required by law. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
3.23.150 Deposit of Proceeds.
The cash or proceeds collected pursuant to this cChapter shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost and publication of notice are paid.
3.23.160 Additional Work by City Authority.
Notwithstanding the provisions of this cChapter, 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 the any one public works project does not exceed the contract amount plus contingency 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 sixty calendar days.
Ordinance No. __________
Amendment to Chapter 3.22 and 3.23- Page 15
3.23.170 Deletions of Work by City Authority.
The City reserves the right to delete up to twenty‐five percent (25%) of the work on a public works contract where such deletions would advance the project as originally contemplated.