HomeMy WebLinkAboutMINUTES - 08051997 - C14 ',,_7.70: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 5, 1997
SUBJECT: ALLOW the use of an unlisted subcontractor and ASSESS a penalty for the D.A. 57
Detention Basin project, Project No. 7538-6D8463-94, Martinez area.
Specific eques s or ecommen a fon s Background us I Ica ion
I. Recommended Action:
ALLOW Hess Construction Co., Inc. to use a subcontractor, not listed in their bid documents,
ASSESS a penalty, pursuant to Section 4110 of the Public Contract Code, in the amount of
$500.00 and AUTHORIZE the Public Works Director to deduct this amount from monies due the
contractor.
II. Financial Impact:
Reduce the cost of the project by $500.00, which is the amount penalty.
Continued on attachment: Ayes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON:Q,,,q.,± s . 1991 APPROVED AS RECOMMENDED OTHER
thereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the data s own.
ATTESTED:r L -�$S_ 1797
PHIL BAT ELOR,Cleft of the board
of Supervisors and County Administrator
VOT OF SUPERVISORS4►
UNANIMOUS (ABSENT s�
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Joseph P. Murphy, (510) 313-2321
Orig. Div.: PW(Constr)
cc: County Administrator
Auditor-Controller
Public Works
- Accounting, R. Gilchrist
- Construction, R. Bruno
- Design
Contractor
BN:tt
G:\CONST\BO\D57-5.TB
F�roj. Name: DA 57 Detention Basin
Proj. No. 7538-6D8463-94
Board Date: August 5, 1997
Page 2 of 2
III. Reasons for Recommendations and Background:
The contractor inadvertently failed to list a pipe boring contractor in his bid documents. To use
a non-listed subcontractor violates Section 4106 of the Public Contract Code. Section 4110 of
the Code allows the awarding authority to assess a penalty for the violation.
IV. Consequences of Negative Action:
To not allow the use of a subcontractor would be a hardship on the prime contractor due to the
proposed subcontract work being specialty work.