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Home My WebLink About1988/08/17 - Agenda Packet - RDACITY OF RANCHO CUCAMONGA REDEVELOPMENT, AGENCY AGENDA REGULAR MEETINGS 15t and 3rd Wednesdays — 7:00 P•m• August 17, 1989 Long Park 61 Base line Community Ro d Ater Rancho Cucamonga Agency Dfembers Dennis L Stout, cb* em.• Pamela J. Weight, v"ch,eiAO• Deboran N Brown, Am M-'w' Charles J. Buquet, AP"r MMW Jeffrey King, q,.o u,.e.r •e• Lauren M. Wasserman. rsuPh,mrt+.rn,a,�r ctry offlm 989 -1851 Lfoas Park 9804145 %3 v PAGE - Redevelopment Agency Agenda August 17, 1988 1 K5. A. CALL ifl ORDER �. r 1. Roll Call: Brow __, Huquet , Stout King _, mad Aright 5; Y B. CONSENT CALENDAR h The following Consent Calendae items are expected to be routine and noo- eontroverstal. Thsy will be acted upon by the RDA at one time without discussion. Any its* my be removed by an Ageeeymeabot or member of the audience for discussion. 1. Approval to designate the Deputy Executive Director to process of one a nt to the substitution subcontractors pursuant to the Public contract code. RESOLUTION N0. RA 88 -005 A RESOLUTI•:N OF THE RANCHO CUCAMONGA RRDEVELOMNT AGENCY, AUTHORIZING AND DIRECTING THE DEPUTY EXECUTIVE DlggCrOR TO PROCESS AND, IF APPROPRIATE, CONSENT TO THE SUBSTITUTION Or SUBCONTRACTORS PURSUANT TO THE CALIFORNIA CONTRACT CODE Cy POHLIC HEARINGS I No items submitted. 1) STAMP RRPons No items submitted. a. COMMUKICATIONS PROM YES PUBLIC This is the time ad place for the general Public to address the Redevelopment Agoucy. State law prohibits the - - Redevelopment Agency from addressing any issue not previously included on the Agenda. The Redevelopment Agency meeting. receive �cnimn re and set the to be limited itto five minutes subsequent individual. P. AWOUR®@NT ��y.•✓ � - cry...: �..�,. ,`t'`aT. V -d PAGE �sfr City Council Agenda �:. August 17, 1988 1 L} AD➢6HDON City Council Aaend• August 17, 1988 — 700 o.v. N' - Lions Park Co®uaity Center +, 9161 Base Line Head i Reecho Cuuaaogap California i The following consent eale¢dar item is to be added to the ri agenda for the August 17, 1988 City Council meeting. 1 Approval to designate the Assistant City Manager to process and eo¢ss¢C to the substitution of subcontractors pursuant to the public contract code. 8890L8fI0N N0. 88 -519 A RESOLUTION 01 OP 288 CITY COUNCIL OF THE CITY OF HANC80 COCAHONCA, CALIFORNIA AUS't10HI2WU' AND DIAECTWC THE ASSISIAM CITY MANAGER TO P @OGB88 AND. IP APPBOPAIAIB, CONF',HM TO THE SOBSTI'ILTION OF BDBCONTHACTOB6 POfl80ANT TO THE CALIFORNIA CONTRACT CODE - CITY OF RANCHO C REDEVELOPMENT STAFF REPORT y 4 DATE: August 17, 1988 TO: Chairman and Members of the Redevelopment Agency FROM: Jack Lam, AICP, Deputy Executive Director SUBJECT: DELEGATION OF AUTHORITY TO DEPUTY EXECUTIVE DIRECTOR FOR SUBSTITUTION OF SUBCONTRACTORS ON PUBLIC WORKS PROJECTS RECOMMENDATION: Staff recommends that the Redevelopment Agency approve the eso ut on granting authority to the Deputy Executive Director to approve substitution of subcontractors in accordance with the California Public Contract Code. ANALYSIS: The public contract code provides specific authority for su- 6stTtution of subcontractors pursuant to the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Sections 4100, at seq. The law requires that the substitution must be approved, in advance, by the awarding authority (Redevelopment Agency; or a 'duly authorized officer% In the last five years, there have been very few requests for substitution of subcontractors; however, due to the present lack of delegation of authority, all such requests must be approved by the Redevelopment Agency. We have recently encountered a situation in which a subcontractor either desires to be relieved of its subcontract or 1s unable to perform the subcontract. Unfortunately, due to the present status of the substitution procedure, we must prepare the matter for a Redevelopment Agency agenda which may extend the contract performance schedule for a period of three to four weeks, thereby delaying our project. In order to provide a more rapid 'turn around' for requests for substitution of subcontractors, it would appear appropriate .f9r the Redevelopment Agency to delegate the authority to approve substitutions to the Deputy Executive Director. This would shorten the timeline for approval of such substitutions to, approximately, ten days. Moreover, the requirements of the Public Contract Code with respect to approval of a substitution of a subcontractor is rather straightforward and authorizes such substitution only in certain circumstances. Those circumstances Include such matters as failure of the subcontractor to execute a k. REDEVELOPHEHTlAnEHCYA0EN0A�5 August 17,•1988 Page 2 a contract, bankruptcy of the }subcontractor, inability to perform the subcontract or inability to meet, bond requirements, clerical error in, the listing of the subcontractor, a subcontractor not being licensed as required by the Contractor's License.Law or, unsatisfactory performance or delay by the subcontractor. Accordingly, we,-believe that the substitution process :is,? essentially, a - ministerial .one- not ' necessarily requiring thoroughgoira analysis by the Redevelopment Agency. Stated otherwise, when specified facts are given and the s:,bcontractor,'is unable to refute them or wishes to agree to the substitution, the.,matter may be accomplished in relatively short order. However, requiring the processing of such requests through the Redevelopment' Agency results in delay in,the process thereby creating problems in the field. �t Respectfully submitted, " \ t V Jatk Lam, AICP Deputy Executive Director •1L/ kap I rAttachments: Resolution ..�Y.. Yw i RESOLUTION N0._I?A_0 - QG'!�' A RESOLUTION OF THE RANCHO CUCAMONGA RF.DEMOPMENT AGENCY AUTHORIZING AND DIRECTING THE DEPUTY EXECUTIVE DIRECTOR TO PROCESS AND. IF APPROPRIATE.CONSENT TO THE SUBSTITUTION OF SUBCONTRACTORS PURSUANT TO THE CALIFORNIA PUBLIC CONTRArT CODE. (i) California Public Contract Code Section 40!7 provides, in pertinent part, that no prime contractor whose bid is accepted may substitate any person as a subcontractor in puce of subcontractors listed in the original bid except upon consent of the awarding authority or a duty authorized officer of the city. (ii) California Public Contract Code Sections 4100, et seq., provide specific parameters for determining the propriety of permitting the substitution of subcontractors on public, works projects. (111) The Redevelotment Agency desires to provide a more timely method of resolving subcontractor substitution requests in order to insure that public projects are completed on a timely basis. prerequisites to the adoption of this Resolution have NOW, THEREFORE, the Rancno Cucamonga Redevelopment Agency, does hereby find, determine and resolve as fellows: Resolution. 1. In all respects as set forth in the Recitals, Part A. of this 2 Pursuant to the provisions of California Public Contract Code Section 4107 the City Council hereby designates the Deputy Executive Director of the Rancho Cucamonga Redevelopment Agency as the 'duly authorized officer• to act on behalf of the Agency with respect to any requests for con ;ent to substitution of subcontractors an public works projects. 3. The Deputy Executive Director shall, in considering requests for substitution 3f subcontractors, comply with all requirements of the California Public Contract Code with respect to substitution of subcontractors. The Secretary shall certify to the adoption of this Resolution. ADOPTED and APPROVED this day of , 1988. Chairman — I. Lauren Wasserman, Secretary to thu Rancho Cucamonga Redevelopment Agency, City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Rancho Cucamonga Redevelopment Agency held on the day of 1988, and was