HomeMy WebLinkAboutAgenda Statement 1975/05/20 Item 15Cc~y A.txJnney: PQeahe ~nepaxe zhe neeen~a%cy (ne6uKut~.~nj ~n fc.2dtinan,~~i,
Staff Commentary on Aqenda Item No. 15
CHULA VISTA CITY COUNCIL MEETING OF May 20, 1975
Item Title: RESOLUTION - Authorizing Substitution of Masonry
Subcontractor - Chula Vista Public Library
Initiated by: City Attorney
Attached is a copy of Resolution (X] Ordinance i " ."~-reemen~ Y 1 Plat ( ~
Background:
The City Attorney's Office has had a request from Roel Construction
Company, Inc. to substitute the masonry subcontractor for the Chula Vista
Public Library. Roel Construction wishes to substitute Kimball and Smith
Masonry for Turner Masonry Company on this particular contract. The
reasons that Mr. Roel has given, which are substantiated by the Declaration
of John Turner of Turner Masonry Company, are the inability of Turner
Masonry Company to secure a faithful performance bond pursuant to the
terms of the prime contractor's contract with the City.
The Subletting and Subcontracting Fair Practices Act provides, in Sec-
tion 4107(A)(4), that a listed subcontractor may be substituted when
authorized by the awarding body (the City Council) "When the listed sub-
contractor fails or refuses to meet the bond requirements of the prime
contractor as set forth in Sec. 4108". In this instance, it is the
recommendation of the Attorney's Office that the substitution be authorized
by the Council in order to assure completion of the library job on schedule.
There is no public hearing requirement for this particular type of
subcontractor substitution.
Financial n/a
Statement:
Commission-Board
Recommendation:
n/a
Department Head
Recommendation
Adopt Resolution
City Manager
Recommendation:
Concur
See EXHIBITS jg] No.l
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PAUL S. ROEL, President
,duel ~~ uuttn~I,c~~c r~~', ~/'~u.
Phone:
297-4156
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May 1, 1975
The honorable Mayor
City Council
Mr. Lane F. Cole, City Manager
City of Chula Vista
P. o. Box 1087
Chuls Vista, California 92012
3455 HANCOCK STREET
P.O. BOX 80216
SAN DIEGO, CALIF. 92130
EXI~.~~T
2
Re: Subcontractor Substitution, Chula
Vista Public Library Project.
Dear Ionorable Mayor, City Council of the City of
Chula Vista and Lane F. Co].e, City Manager;
Roel Construction Co., Inc. hereby expresses its desire to have Kimball and
Smith IAasonry substituted as subcontractor in the stead of Turner Masonry
Company regarding the above-referenced pro,7ect. The reason for this re-
quest is that Turner Masonry Company cannot get the necessary performance
and payment bond for the masonry portion of the pro,~ect.
Roel Construction Co., Inc, understands and acknowledges that any substi-
tution of subcontractors does not change Roel's contractual obligations
and that Roel Construction Co., Inc., in the event of a substitution will
remain bound to honor and obey all of the applicable contractual provisions
and laws, rules, regulations, plans and specifications otherwise applicable
to Roel Construction Co., Inc.
Yours very truly,
ROEL CGNSTRUCTIOR CO., II1C.
~~. /-l. ~~,~,,,,.~,
orge H,~Line
Vice President
GIIL : em
GEORGE li. IIN~, {,ice-President
GENERAL CONTRACRAL CONTR J~ C)TORS
STATE LICENSE NO, 104571
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R~CCIU~~ ;;,.y; } }~!5 8179 ALVARACO ROAD
LA MESA, CALIFORNIA 92042
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461-3880
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Stato License ;~2347GB
Apri1.30,
The Honorable mayor and
City Counsel of the
City of Chula Vipta
Lane F. Cole, City manager
REi .~u~"'C`nr~*t +~4rr Sub~titutibtl; C{~~~.:a.'~~tista
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Gentlemen!;
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Kimball and Smith Rlasonry locatod at 8179 Alvarado Road,
La mesa, California 92041 hereby expressos its desire
to be substituted as a sub-contractor in the stead of
Turns! masonry Company.
Kimball and Smith masonry understands that it will be
bound by all applicable laws, rules, regulations, plane
end specifications which currently apply to Turner
.masonry. -
Very Truly yours,
KIMBALL AND SMITH MASDNRY, INC.
Arthur K, Kimbal , JrT ,j r
president
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llECLAP.,'~TION OF JOIIN 'PURNER REGARDING SUBSTITUTION
(Code of Civil Procedure Section 2015.15;)
(Government Code Sections 9107 & 4108)
I, JOHN TURNER, declare:
1. I am the owner of Turner Masonry Company
whose mailing address is Post Office Box 2086, E1 Cajon,
California 92021. The following is true of my own personal
knowledge.
2. I am currently listed as a sub-contractor by
Roel Construction Company regarding that certain construction
project known as the Chula Vista Muncipal Library.
3. Because my company is unable to secure a faithful
performance and payment bond required by the general con-
tractor, Roel Constructi-i,n Company, I no longer wish to be
listed as a sub-contractor and do hereby consent to the
substitution of Kimball and Smith Masonry in my stead.
I declare under penalty of perjury that the foregoing
is true and correct.
Executed this ~_ day of /~_, 1975,
at E1 Cajon, Ca1:i.:L"ornia.
~~~~
JOH TURNER
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K~~ SMI
RCCE~~/CIJ Ii,"~ ~ jy75 8129 ALVARADO ROAD
LA MESA, CALIFORNIA 92042
MNbc~lEtb~t
461-3880
M ASO~~Y CO~TdCTORS
State License x,`234768
April 30,
The Honorable Mayor and
City Counsol of the
City of Chula Vista
Lane F. Cole, City manager
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RE~ra±1~ C";i°?4~r xcu~,ir S4x`'~~titu~itin. ChtA7.,~ lists
Gentlemen:
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Kimball and Smith masonry located at 8179 Alvarado Road,
la mesa, California 92041 hereby expresses its desire
to be substituted as a sub-contractor in the stead of
Turner masonry Company.
Kimball and Smith masonry understands that it will be
bound by all applicable laws. rules, regulations, plane
end specifications which currently apply to Turner
masonry.
Very Truly yours,
KIMBALL AND SMITH MASONRY, INC.
,,
ArthLlr K. Kimba , Jr.;
President
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