Loading...
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. - 1 - 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. - 2 - 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: - 3 - 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)