HomeMy WebLinkAbout1994-12-06; City Council; 12940; ADOPTION OF COUNCIL POLICY APPOINTING THE CITY ENGINEER AS OFFICER FOR SUBSTITUTION OF SUBCONTRACTORSc
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RECOMMENDED ACTION:
Cound) adopt, by minute mQtiQn, CounGil Polioy No, $5 designating the City Engineer as Council's "duly appointed officer" for the purposes of approval of substitution of subcoi
on public works contracts.
ITEM EXPLANATION:
Public Contract Code Section 4107 states that, after award of contract, the "awarding aul
its duly appointed officer" may approve the substitution of subcontractors in any pub1
contract, Section 4107.5 outlines the situations under which subcontractors may be su
by the prime contractor. Since the Council does not have an appointed official, staff is
to bring requests for substitutions of subcontractors to the Council for approval.
Staff is recommending that City Council adopt Council Policy No. 55 appointing the City
as it's "duly appointed officer" for the purposes of approving substitutions of subcontra
Giving the City Engineer authority to approve these substitutions may prevent delays
project construction by shortening the processing time on substitution approvals.
FISCAL IMPACT:
There is no direct fiscal impact to implementing this action. Adoption of the Council Pol
prevent delays in construction of capital projects; therefore, may result in some cost si
1. Council Policy No. 55 Subcontractor Substitutions.
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A CITY OF CARLSBAD
Policy No. 55
COUNCIL POLICY STATEMENT Date Issued Dee. 6
Effective Date Dec. 6, 1
Cancellation Date
Supersedes No.
dated
General Subject: Public Works Contracts
Specific Subject: Subcontractor substitution
Copies to: City Council, City Manager, City Attorney, Department and Divisior
Employee Bulletin Boards, Press, File
PURPOSE: To designate the City Engineer as the City Council's "duly authorized officc
purposes of approval of the substitution of subcontractors on public works c
the City of Carlsbad.
POLICY: It is the policy of the City Council that:
In all public works contracts with the City of Carlsbad entered into pursuant
3.28 of the Carlsbad Municipal Code and/or the California Public Contract Cc
substitution of subcontractors, when authorized under the law, be handled i
expeditious manner at the administrative level, rather than requiring a Cil
public hearing.
For the purposes of Public Contract Code sections 4107 and 4107.5 1 substitution of subcontractors on public works contracts, the City Engineer
designated as the City Council's "duly authorized officer" and is empowered
to substitutions of subcontractors, give notices, and conduct public hearings, i
in accordance with and as authorized by those contract code provisions.
Engineer shall consult with the City Attorney prior to consenting to substi
subcontractor.
The City Engineer is not authorized to approve substitutions prohibited by law
Engineer shall notify the parties in writing of the decision to grant or refu
within five (5) days of conducting a public hearing required by section 4
4107.5. The decision shall be final ten (10) days after mailing, unless an affi
files a written appeal with the City Clerk within those ten (10) days. The
shall be set at $250.00; thereafter to be established by resolution. The App
specify therein the manner in which the City Engineer's decision erred, an(
appeal on all affected parties. The City Clerk shall give notice of a pub
thereon by mail to the Appellant and all affected parties, for the next Ci
meeting which will result in at least five (5) days notice.
Where the amount of the subcontract in controversy exceeds $250,000,
hearing, if required, shall be conducted by the City Council.
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