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;
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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
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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.