CC Resolution No. 03-070RESOLUTION NO. 03-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING A POLICY FOR RESPONSIBLE CONTRACTING FOR PUBLIC WORKS
PROJECTS
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;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
adopts the following Policy for Responsible Contracting for Public Works Projects:
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.
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 enfomement agency findings regarding prevailing wage, workplace
safety or environmental laws and/or regulations giving rise to criminal or civil penalties,
within four years prior to the date of the bid opening.
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. Califomia 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
7th day of April, 2003, by the following vote:
Vote
AYE S:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Chang, James, Kwok, Sandoval, Lowenthal
None
None
None
ATTEST:
City Clerk (7'
PROVED