CC Resolution No. 07-039
RESOLUTION NO. 07-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE POLICY FOR RESPONSIBLE CONTRACTING FOR PUBLIC
WORKS PROJECTS TO PROVIDE AN EXCEPTION TO CERTAIN
QUALIFICATIONS FOR CONTRACTORS WHO SUBMIT A BID FOR THE MARY
A VENUE BICYCLE FOOTBRIDGE
WHEREAS, the City of Cupertino, through its Capital Improvement Program contracts
for work on Public Works Projects as defined by the California Public Contracts Code; and
WHEREAS, the state law defines responsible contractor as one". . . who has demonstrated
the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to
satisfactorily perform the public works contract."; and
WHEREAS, the City of Cupertino desires to ensure that it does business solely with
responsible contractors who abide by all applicable laws and regulations, including prevailing
wage requirements; and
WHEREAS, the City of Cupertino desires to amend the policy as adopted on April 7,
2003 as Resolution 03-070, and amended on August 16, 2004 as Resolution 04-385, to provide
exceptions to qualifications for minor violations by contractors who would otherwise be
qualified under the policy,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
adopts the following Revised Policy for Responsible Contracting for Public Works Projects:
1. California law, as well as good business practices, mandates that public works contracts
be awarded to the lowest responsible bidder. "Responsible bidder" means a bidder who
has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and
experience to satisfactorily perform the public works contract. This requirement also
includes but is not limited to, the maintaining of all proper licenses by the contractor and
its designated subcontractors, the maintaining of adequate insurance and performance and
payment bonds issued by insurance companies and sureties having an established
financial strength and acceptable commercial ratings, no prior history within defined time
limits of disqualifications or default terminations or convictions of public statutes that
would indicate the contractor is untrustworthy, and one that complies with the California
Labor Code regarding apprenticeship training.
2. Consistent with the definition of "responsible bidder" described above, it is the policy of
the City of Cupertino to exclude as non-responsible any bidder with outstanding
convictions or enforcement agency findings regarding prevailing wage, workplace safety
or environmental laws and/or regulations giving rise to criminal or civil penalties with the
exception of minor violations with civil penalties of $500 or less for each violation with a
maximum of four such violations within four years prior to the date of the bid opening.
However, because of the unique and particular nature of the Mary Avenue Bicycle
Pedestrian Footbridge for contractors bidding on the Mary Avenue Bicycle Pedestrian
Footbridge, the exception shall be broadened to exclude minor violations with penalties
of $50,000 (Fifty thousand dollars) or less, for each violation, with a maximum of four
Resolution No. 07-039
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such violations within four years prior to the date of the bid opening. All other provisions
in this resolution shall continue to apply to all contractors.
3. It is also the policy of the City of Cupertino to exclude as non-responsible any bidder
who has, within four years prior to the date of the bid opening been guilty (with respect to
other public works projects) of unreasonable time delays, non-responsiveness to warranty
claims, material defaults or breaches of contract. To this end, included in the bid
documents for construction of public works projects shall be a contractor questionnaire
and statement of qualifications, which addresses these issues, as well as other indices of
past performance, which may include the assessment of liquidated damages and other
work quality factors.
4. California law requires that prevailing wages be paid on all public works projects and it is
the policy of the City of Cupertino to require complete compliance with the applicable
prevailing wage statutes and to require affirmative acknowledgement of this requirement
by all bidders.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
6th day of March 2007, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Wang, Kwok, Lowenthal, Mahoney, Sandoval
None
None
None
ATTEST:
APPROVED:
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