HomeMy WebLinkAboutReso 5196-1969RESOLUTION NO. 5196
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION PERMITTINS SUBLETTING OR
SUBCONTRACTING OF WORK, AND RECITING
FINDINGS CONSTITUTING ~HE NECESSITY
THEREFOR IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 4109 (4103-4113),
WESTBOROUGH PARK.
BE IT RESOLVED by the City Council of the City of South
San Francisco that:
1. The Council makes the following findings of public
necessity in accordance ~ith Government Code Section 4109,
hereby reducing same to ~riting as a public record as
set forth in said section:
a. A. J. Shooter, Inc., hereinafter designated "Prime
Contractor" on the 15th day of September, 1969, sub-
mitted a bid for the Westborough Park project, herein-
after designated "Park", without specifying subcon-
tractors therewith, and said bid was the lowest bid
submitted.
b. Prime Contractor by so submitting his bid, pursuant to
Government Code Section 4106 and in the words of said
section "agrees that he is fully qualified to so
perform that portior, himself and that he shall perform
that portion himself," unless subletting or subcon-
tracting is permitted pursuant to Government Code
Section 4109.
c. Prime Contractor is qualified and licensed to so contract
in the State of California.
d. Council considered the bids and on the 15th day of
September, 1969, awarded the contract to Prime Contractor
the lowest qualifiec bidder.
e. There is a public necessity to construct the project
for the bid price, in that public funds will be saved,
and issuance of new call for bids would expose City
to a material increase in costs, when the project cost
is already to the limit of budgeted funds and any
material increase would jeopardize ~he project.
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f. There is a public necessity to permit subletting or
subcontracting as provided by Government Code Section
4109 in that City is without a developed park in the
Westborough area, to the detriment of the public health,
welfare and safety, amd the project as scheduled is
needed to serve the public health, welfare and safety
to wit: Recreational needs of the adults and youth of
the City and in particular the Westborough area to
coincide with as much of the school year as possible
and to meet the critical demand period of spring and
summer of 1970, and any delay in commencement, or
restriction on right of City to use procedures afforded
by Government Code Section 4109 would materially
adversely affect said completion and scheduled use
to the detriment of the public health, welfare and
safety.
g. There is a public necessity to cause construction of
project by the most skillful and efficient labor
available, whether directly through Prime Contractor
or subcontractors of prime contractor permitted pursuant
to Government Code Section 4109, so that the work will
be done in such a manner as not to hazard injury to
users of project, several of the component parts of
project requiring the interrelated use of electricity,
play equipment and s~ructures and finishes thereof,
which if not carefully and skillfully constructed could
cause injury to users.
h. There is a public necessity to cause construction of
project by the most skillful and efficient labor avail-
able, whether directly through Prime Contractor or
subcontractors of Prime Contractor permitted pursuant
to Government Code Section 4109, so that work will be
done in such a manner as to minimize repair and main-
tenance and thereby minimize future expenditure of
public funds therefor.
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i. There is a public necessity for the Council to use
all legal procedures available including those avail-
able through Govern~.ent Code Section 4109 to conserve
public funds, serve the health, safety and welfare of
the public and construct a project that will provide
maximum safety for the public in using it.
2. The Council has prevented bid shopping meeting the intent
of Government Code Section 4100, et seq, by additionally
requiring that Prime Contractor use subcontractors who
originally submitted bids to said Prime Contractor.
NOW, THEREFORE, IT IS ORDERED THAT:
1. The Council having made the findings of public necessity
as hereinbefore set forth, does authorize and permit,
pursuant to Government Code Section 4109, subletting or
subcontracting of those portions of the work in excess of
one-half of one percent of the Prime Contractor's total
bid as set forth in Exhibit A attached hereto and made a
part hereof.
I hereby certify that ~he foregoing Resolution was regu-
larly introduced and adopted by the City Council of the City
of South San Francisco at a reg,]ar~ meeting held on
October , 19 69 , by the fol-
the ~Oth day of
lowing vote:
AYES, COUNCILMEN
NOES, "
ABSENT, "
Frank J. Eertucelli, Patrick E. Ahern, F. Frank
Mammini, t ndrew Rocca and Warren Steinkamp
None
None
ATTEST:
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EXHIBIT A
RESOLUTION NO. 5196
PORTIONS OF WORK FOR SUBLETTING OR SUBCONTRACTING
Grading
Paving
Site Drainage
Electrical
Chain Link
Fencing
Play Equipment
Mas onry
Painting
Buildings and
Concrete
'A. & B. Grading & Paving, 301 California Drive,
Burlingame, California (342-4660)
Anza Pacific, 1310 Bayshore, Burlingame,
California (342-5711)
Wright Construction Co., 13398 Sousa Lane,
Saratoga, California (378-1713)
Lewis Electric, 1772 South 7th Street,
San Jose, California (298-3148)
Oakland Fence, 16233 E. 14th Street,
Oakland, California (276-4777)
Outdoor Products, 1761 Smith Avenue,
San Jose, California (292-3092)
F. Hoffma, Inc., 1071 Montgomery Avenue,
San Bruno, California (588-5533)
G. J. Johns on Painting & Decorating,
1065 North Bayshore Boulevard, San Mateo,
California (343-5984)
G. M. Labrucherie, 818 Main Street,
Pleasanton, California (846-8166)