HomeMy WebLinkAboutMINUTES - 01282003 - C1-C2 TO- BOARD OF SUPERVISORS
F1R 0 MQ MAURICE HIU, PUBLIC WORKS DIRECTOR
DATE., January 23, 2003
SUBJECT: Determine that the contractor, B & B Grading & baying, Inc., failed to comply with the
Public Contract Code and Assess a penalty of 120 for the Park Avenue Improvements,
Project No. € 662-684226- 2, Clyde area. (District IV)
Spec;,-,,c Request(s)or Recommendations)&Background&Justification
RECOMMENDED ACTION:
DETERMINE that B & B Grading & Paving.. Inc. (contractor)failed to comply with applicable statutes and
project pecxffication pertaining to the substitution of a subcontractor (Owens Concrete Sawing) and
ASSESS a penalty of 120 (1;0% of the subcontract amount) pursuant to Public Contract Code Section
4110.
DIRECT the county Auditor-Controller to withhold the penalty from the firrpl payrne€ t.to the contractor.
Continued on attachment: X ves SIGNATURE,
AINISTRAT OR
RECOMMENDATION OF BOARD COMMITTEE
_.L.,-APPROVE_ ER:
:GNA E UR ):
ACTION 2A � ON: 1 28 03 pA PRC3VED AS RECOMMENDED x'x OTHER
T= OF SUPERViSORS
UNANIMOUS"ASSENT
AYES: NOES:
ABSENT: ABSTAIN:
"'€intact: Mike Carlson, (925)313-2321
OrIg.Div.. Pw-const. 1 hereby certify that this is a true and correct copy of an action taker
cc. County Adminstraton and entered on the minutes of the Board of Supervisors on ti:e date
Auditor-Controi`Eer
show-P.
Z u•Nic Warksy -Accounting
-Construction,R.Bruno
-Design �
-!rans.®ng. +ATTESTED; JANUARY 28, 2003
Contractor
JOHN SWEETEN, Cleric of the Board of Supervisors and County
,0:1CrpDataluon,s\BO\ G03\ParkAve`aitedtoCompiy.doc Admmistrator
E
icy � � h .. Deputy
E
S
Project Name, Park Avenue improvements
Project No. 0662-6R4226-02
Board Date: January 28,2003
Page 2 of 2
REASONS FOR C M ATIO I C OU D:
B & 6 Grading & Paving, Inc. (Contractor' submitted a bid proposal on April 23, 20021 for the
reconstruction of Park Avenue in the Clyde area. in its bid,the Contractor listed Owens Concrete Sawing
as the subcontractor performing concrete sawing work, with a value of $1,200. On June 4, 2002, the
Board of SupeMsors awarded the contract to the Contractor.
the contract work has been completed, and the project was accepted by the Board on September 10,
2002. On October 15, 2002,the Contractor advised the Public Works Department that Owens Concrete
Sawing in question had been performed by Krummen Concrete Inc,, another subcontractor. Before
making the substitution, the Contractor did net request theCounty's consent, and the County did not
consent to the substitution.
Public Contract Code Section 4107 provides for the substitution of subcontractors only for certain
specified grounds and only with the prior, written consent of the Board or its designated officer. In
addition, the project specifications require that the Contractor request advance approval for all
substitutions of bid-;fisted subcontractors. 'For violation of those provisions, Public Contract Code Section
4 0 and the project specifications provide for the assessment of a penal ty not more than ten percent of
the amount of the subcontract involved.
It is recommended that the Board assess a $120 penalty, which is ten percent of the involved
subcontract. The Contractor has been notified of this recommendation and afforded an opportunity to
address the Board.
FINANCIAL IMPACT:
NONE.
CONSEQUENCES OF NEGATIVE ACTION.,
No penalty would be unposed for the unauthorized substitution.
�rl AI.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Admted this Resolution on January 28, 2003,by the following,vote:
AYES: R2ER1,71SOMS GIOIA, UILKD4A, GERBER, GWVER AIND DESAUJIN-MR
NOES: NNO-NE
ABSENT: -\`UiE
ABSTAIN. NUINIE
RESOLUTION NO, 2003/ 41
SUBJECT: Ratify prior decision of the Public Works Director to fL-ffly close a portion of
Doue.erty Road on December 16, 2002, through January 3, 2003, for 24 hours per
day,for the purpose of the repairing erosion damage to the bridge emban-kinents,San
Rarnon area. (District III)
The Public Works Director having reported that prior approval has been granted to Contra
Costa County Public Works Department to fLflly close Dougherty Road,except for cm ergency traffic,
on D%-Iceinber 16, 2002, through January 3, 2003, for the period of 24 hours per day, subject to the
.following conditions:
I. Traffic will be detoured via plan approved by Public Works Departnient.
1 All signing to be in accordance with the State of California manual of Traffic Controls.
1 Contra Costa County Public Works Department shall comply with the requirements of the
Ordinance Code of Contra Costa County.
4. Have on file with the County Public Works Department at the Application and Permit Center
a Certificate of Insurance in the awrnount of$1,000,000 fo.-Comprehensive General Public
Liability which names the County as an additional insured.
5, Obtain approval for the closure from the Sheriff s Department,the California Highway Patrol
and the Fire District.
IT IS BY THE BOARD RESOLVED that the action taker.by the Public Works Director is
approved.
I hereby certify that this is a true and correct copy of an action
taken and entered on the n-d-nutes of the Board of Supervisors on
thie date shown,
OrIginsaor: Rub"X Wur,s,,k;'Q
ATTESTED: JANUARY 28 9 2003
she-iff-pltml Div.corn ArAer
JOHN SWEETEN,Clerk of'he Board of Supervisors and Comity
Administrator
By -�/4------- Deputy
RESOLUTION NO.20-03/ 41