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HomeMy WebLinkAboutRES NO 51-95RESOLUTION NO. 51"'9.5 RESOLUTION AUTHORIZING THE AD HOC COl~4ITTEE DESIGNATED BY THE CITY I~,NAGER TO HEAR THE REQUEST OF GRANITE CONSTRUCTION COMPANY TO SUBSTITUTE A SUBCONTRACTOR IN ACCORDANCE WITH THE SUBLETTING AND SUBCONTRACTING FAIR PRACTICES ACT. WHEREAS, Chapter 4 of Part 1 of Division 2 of the Public Contract Code (Sections 4100 and following) is known as the "Subletting and Subcontracting Fair Practices Act"; and WHEREAS, Section 4107 thereof provides that a prime contractor may only substitute one subcontractor in the place of another subcontractor under conditions listed in Section 4107; and WHEREAS, when a listed subcontractor files written objection to the intended substitution of another subcontractor in place of the listed subcontractor, the awarding authority must hold a public hearing in order to determine whether the prime contractor should be allowed to substitute a subcontractor; and WHEREAS, Section 4110 of the Subletting and Subcontracting Fair Practices Act provides that a prime contractor who has violated any of the provisions of this Chapter is considered to have violated its contract, and the awarding authority may exercise, at its own discretion, cancellation of the contract or assessing the prime contractor a penalty in an amount of not more then ten percent (10%) of the amount of the subcontract involved; and WHEREAS, the awarding authority (the City) may appoint a body to hear all matters necessary pursuant to the Subletting and Subcontracting Fair Practices Act; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The above statements are true and correct and are incorporated herein; 2. The Council hereby directs the City Manager to designate an Ad Hoc Committee of three unbiased citizens with expertise in the public bidding requirements and process and further authorizes such Ad Hoc Committee to hear and determine all matters necessary regarding the request of Granite Construction Company to substitute a subcontractor pursuant to Sections 4107 and 4107.5 of the Subletting and Subcontracting Fair Practices Act; - Page 1 of 2 - 3. The decisions of said Ad Hoc Committee shall be final, and no appeal shall be taken to the City Council. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on WAR ~ 2 ~q~5 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, CHOW, SALYAGGIO NOES: COUNCILMEMBER ~OD~ ABSTAIN: COSqqCIL14EMBER ~O ~F ABSENT: COUNCILMEMBER ~ ~ ~. CITY CLERK and EX OFFIC~ of the Council of the City of B~kersfield APPROVED MAR 2 ~ ~ BOB PRICE MAYOR APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney City of Bakersfield JKS:RJdS:rb tb-rcsol~iom\gra~tc 3/15/95 - Page 2 of 2 February 09, 1995 GRRnlTE consTRUC On comPAny City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Attn : Re : Subject: Darlene Wisham Calloway Drive and Bridges Over Kern River Subcontractor Listing Revisions Dear Ms. Wisham, Granite Construction Company was apparent low bidder on the above mentioned project. A clerical error was made in the posting of the Subcontractor List that was turned in with the above noted proposal. Safety Electric Corporation from Fresno was listed in error, and A.C. Electric Company of Bakersfield should have been listed as the lowest responsible subcontractor for electrical items. In accordance with the Section 4107.5 of the Public Contract Code, Granite Construction Company is requesting consent to the substitution of A.C. Electric Company. We also request that you notify Safety Electric Corporation of our request as required by Section 4107 and 4705.5 of the Public Contract Code. Bakersfield Branch Box 5127 Bakcr~ie~, CA 93388 (805) 399-3361 City of Bakersfield February 09, 1995 Page 2 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed they day February 08, 1995 in Bakersfield California. Sincerel , Ken Bales Estimator/Contract Administrator KB/rn attachments ce: 8afety Electric 4957 E. Lansing Way Fresno, CA 93727 Chansonette Connelly Granite Construction Company Legal Department A.C. Electric P.O. Box 1834 Bakersfield, CA 93303-1834 February 10, 1995 City of Bakcrsficld l)aTlene Wisham 1501 Truxtun Avenue Uakersfield, California 93301 (209) 2.51-2404 5015 EAST THOMAS FRESNO, CALIFORNIA 93727 Re: Calloway Drivc and Bridges over Kern River, Subcontractor Listing Revisions Dear Ms Wisham, We have rcceived a letter from Granite Construction Company on thc above mentioned project, claiming a clerical error was made in their subcontractor listaug. This "clerical error" comes as a surprise since when Granite Construction Company called this office I was told by Kett Bales, "We made a mistake and did not recheck your total." Under Section 410'/and 410./..~ ufthe Public Contract Code this would not apply as a clerical error but as s judgment error and therefore is not a reason for substitution. We are objecting to any substitution and we are requesting s hearing wilh all parties involved. We are also requesting the! any and all substantiating documentation being ntade available to Safety Electric Corporation. Wc arc hoping to resolve this matter quickly and satisfactorily for all canearned. Sincerely, Alison Baker Secretary/Treasurer cc: Lens, Richerr & Patch GTanitc Construction Company/Watsonville/Bakersfield If electricity makes II posllble, electrical coalrector8 make II pracllcal.