HomeMy WebLinkAbout1994-12-06; Council Policy No. 55 - Public Works ContractsCITY OF CABLSBAD
COUNCIL POLICY STATEMENT
Policy No. 55
Date Issued Dec. 6 , 1994
General Subject: Public Works Contracts
Specific Subject: Subcontractor substitution
EffectiveDate Dec. 6, 1994
Cancellation Date
Supersedes No. dated
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
PURFOS&
POLICY:
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To designate the City Engineer as the City Council’s “duly author&d officer” for the
purposes of approval of the substitution of subcontractors on public works contracts in
the City of Carlsbad.
It is the policy of the City Council that:
In all public works contracts with the City of Carlsbad entered into pursuant to Chapter
3.28 of the Carlsbad Municipal Code and/or the California Public Contract Code that the
substitution of subcontractors, when authorized under the law, be handled in the most
expeditious manner at the administrative level, rather than requiring a City Council
public hearing.
For the purposes of Public Contract Code sections 4107 and 4107.5 relating to
substitution of subcontractors on public works contracts, the City Engineer is hereby
designated as the City Council’s “duly authorized officer” and is empowered to consent
to substitutions of subcontractors, give notices, and conduct public hearings, if required,
in accordance with and as authorized by those contract code. provisions. The City
Engineer shall consult with the City Attorney prior to consenting to substitution of a
subcontractor.
The City Engineer is not authorized to approve substitutions prohibited by law. The City
Engineer shall notify the parties in writing of the decision to grant or refuse consent
within five (5) days of conducting a public hearing required by section 4107 and/or
4107.5. The decision shall be final ten (10) days after mailing, unless an affected party
files a written appeal with the City Clerk within those ten (10) days. The appeal fee
shall be set at $250.00; thereafter to be established by resolution. The Appellant shall
specify therein the manner in which the City Engineer’s decision erred, and serve the
appeal on all affected parties. The City Clerk shall give notice of a public hearing
thereon by mail to the Appellant and all affected parties, for the next City Council meeting which will result in at least five (5) days notice.
Where the amount of the subcontract in controversy exceeds $250,000, the public
hearing, if required, shall be conducted by the City Council.