CC Resolution 10083
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RESOLUTION NO. 10083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CONSENTING
TO THE SUBSTITUTION OF AN ERROREOUSL Y LISTED SUBCONTRACTOR FOR THE
COMMUNITY CENTER MASTER PLAN IMPROVEMENT PROJECT 99-05
WHEREAS, bids for the Community Center Master Plan Improvement Project 99-05
(Second Issue) were opened on August 20, 2002; and
WHEREAS, following a review of the bid proposals, Arntz Builders, Inc. was
determined to be the lowest responsible bidder for the project; and
WHEREAS, on August 21, 2002, the City of Campbell received a letter from Arntz
Builders, Inc. claiming a clerical error was made in the listing of the electrical subcontractor, All
Bay Electric for the project; and
WHEREAS, the intended subcontractor is Cupertino Electric; and
WHEREAS, pursuant to Public Contracts Code sections 4107 and 4107.5, the City of
Campbell gave notice by certified mail to the listed subcontractor, All Bay Electric, to the
intended subcontractor, Cupertino Electric, and to the prime contractor, Arntz Builders, Inc. of
the request for substitution and notice of the public hearing to consider the request; and
WHEREAS, the facts contained in the declarations submitted under penalty of perjury by
all parties and supported by testimony under oath, subject to cross-examination provided
sufficient evidence to the Campbell City Council that an inadvertent clerical error was made by
Arntz Builders, Inc. in the listing of All Bay Electric, as the electrical subcontractor for the
Community Center Master Plan Improvement Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
finds that the above findings are accurate and that the substitution of Cupertino Electric as the
electrical subcontractor is hereby approved.
PASSED AND ADOPTED this 3rd day of September 2002, by the following roll call
vote:
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Dean, Burr, Kennedy, Furtado, Watson
None
Councilmembers:
None
APPROVED:
A TIEST:
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C~lC~'-
Anne Bybee, City Clerk
l~ -
J~ette Watson, Mayor
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FINDINGS FOR CONSENT TO THE SUBSTITUTION OF A LISTED SUBCONTRACTOR
FOR THE COMMUNITY CENTER MASTER PLAN IMPROVEMENT PROJECT 99-05
The City Council finds as follows with regards to the request for the substitution of Cupertino
Electric for the electrical subcontractor in place of the listed subcontractor, All Bay Electric, for
the Community Center Master Plan Improvement Project 99-05:
1. Bids for the Community Center Master Plan Improvement Project 99-05 (Second Issue)
were opened on August 20, 2002.
2. Following a review of the bid proposals, Arntz Builders, Inc. was determined to be the
lowest responsible bidder for the project.
3. On August 21, 2002, the City of Campbell received a letter from Arntz Builders, Inc.
citing a clerical error in the listing of the electrical subcontractor, All Bay Electric, for the
project. The intended subcontractor was Cupertino Electric.
4. Pursuant to Public Contracts Code sections 4107 and 4107.5, the City of Campbell gave
notice by certified mail to the listed subcontractor, All Bay Electric, to the intended
subcontractor, Cupertino Electric, and to the prime contractor, Arntz Builders, Inc. of the
request for substitution and notice of the public hearing to consider the request.
5. The facts contained in the declarations submitted under penalty of perjury by all parties
and supported by testimony under oath, subject to cross-examination provide sufficient
evidence that an inadvertent clerical error was made by Arntz Builders, Inc. in the listing
of All Bay Electric, as the electrical subcontractor for the Community Center Master Plan
Improvement Project and that the substitution of Cupertino Electric as the electrical
subcontractor is approved.n