HomeMy WebLinkAboutMINUTES - 11141995 - SD9 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: November 14, 1995
SUBJECT: Termination of Contract with De Silva Gates Construction, Inc. for the State Route 4
Widening project, Project No. 4660-6X4013-92
Specific Request(s) or ecommen a ions Background us i ica ion
I. Recommended Action:
APPROVE the termination of the construction contract with De Silva Gates Construction, Inc. for
the State Route 4 Widening project (Empire Avenue to Vintage Parkway), pursuant to Section 8-
1.11 of the State Standard Specifications.
DIRECT the Public Works Director or his designee to give notice of termination to the contractor.
AUTHORIZE the Public Works Director or his designee to take all steps necessary to carry out the
contract termination, including the payment of such compensation as may be provided under
Section 8-1.11.
II. Financial Impact:
No impact on General Fund. To date, the contractor has not mobilized or performed any significant
items of work. Any compensation to contractor pursuant to contract documents (estimated to be
below $10,000.00) would come from project budget.
Ill. Reasons for Recommendations and Background:
On May 23, 1995, the Board of Supervisors approved the award of construction contract in the
amount of$763,547.20 to De Silva Gates Construction, Inc. for the State Route 4 Widening project
(Empire Avenue to Vintage Parkway). The Notice to Proceed was issued to De Silva Gates on July
24, 1995.
On June 22, 1995, De Silva Gates sent a letter to the County expressing a concern that lead from
vehicle emissions might be present in the soil to be excavated. To address the concern raised by
De Silva Gates, the County hired Subsurface Consultants, Inc. to further investigate the roadway
material to be excavated and to report the results to the County.
Continued on attachment: X yes SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: . APPROVED AS RECOMMENDED OTHER
APPROVED recommendations as set forth above and DIRECTED the -Public Works Director
to-communicate the reasons for this decision to the public via the Oakley,Municipal
Advisory Committee (MAC).
VOTF�F SUPERVISORS
✓ UNANIMOUS (ABSENT-=J
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Joseph P. Murphy, (510) 313-2321
Orig. Div.: PW(Constr) I hereby certify that We N a true and correct copy of
cc: County Administrator an action taken and entered on the minutes of the
Auditor-Controller Board of Supervisors on the data Shown.
Public Works -yl.... _ J AAA
n,V. German AriFSTEDc
- De sign, Y PHIL BATCHELOR,Clerk of the Bberd
- Accounting, R. Gilchrist of supervisors and county Administrator
- R. Bruno
Deputy
Contractor ,
HB:tt
g:\CONST\BO\SR4W-14.t11
State Route 4 Widening
Board Order Date: November 14, 1995
Page 2 of 2
Detailed test results showing that mean lead concentrations were below regulatory levels and
that the material as a whole was not hazardous were shared with De Silva Gates on
September 22, 1995. A meeting was held on September 28, 1995 to discuss the test results.
Due to the lateness of the season and the opportunity to combine this project with the
subsequent phase to install a signal at State Route 4 and Vintage Parkway staff felt that it
would be of best interest of the County to terminate the contract and re-advertise both projects
together next spring.
Pursuant to Section 8-1.11, "Termination of Contract," the County reserves the right to
terminate the contract at any time upon a determination that termination is in the best interest
of the County. In view of the advantage of combining the two projects which will reduce the
disruption to the community, staff has determined that termination of the contract would be the
best alternative for the County.
IV. Consequences of Negative Action:
The County will continue to have a contract with De Silva Gates, Inc.