CC Resolution No. 04-385
RESOLUTION NO. 04-385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE 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; and
WHEREAS, the City of Cupertino desires to amend the policy as adopted on April 7,
2003 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 statues 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.
Resolution No. 04-385
2
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 work 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 16th day of August, 2004, by the following vote:
Vote
Members Qfthe Çj!y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
James, Kwok, Lowenthal, Sandoval, Wang
None
None
None
ATTEST:
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City Clerk