HomeMy WebLinkAboutMINUTES - 03131990 - T.3 250-8741/C. 1. 1 -r3
TO: BOARD OF SUPERVISORS
°F Contra
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Costa
DEPT.
MARCH 13 , 1990 ���,• -.P� County
DATE: QrTq-couK�
CONSENT TO THE SUBSTITUTION OF A SUBCONTRACTOR FOR ARTHWORK
SUBJECT: AND PAVING AT CENTRAL COUNTY CORPORATION YARD FOR PUBLIC WORKS
DEPARTMENT, IMHOFF PLACE & IMHOFF DRIVE, MARTINEZ
(AUTHORIZATION NO. WH181B)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. + RECOMMENDATION
A. DETERMINE, based on the facts contained in the declarations
submitted by the parties and supported by the sworn testimony
presented at the public hearing, as well as the report on
investigation by County staff, that the prime contractor
(Dickman-Nourse, Inc. , Mountain View) made an inadvertent
clerical error in listing A & E Paving, Inc. , San Jose, as the
earthwork and paving subcontractor, and that the prime
contractor intended instead to list Eugene G. Alves
Construction Co. , Pittsburg, as the earthwork and paving
` subcontractor.
B. CONSENT to the substitution of Eugene G. Alves Construction
Co. , Pittsburg, for A & E Paving, Inc. , San Jose, the earthwork
& paving subcontractor listed in the bid proposal by the prime
contractor, Dickman-Nourse, Inc. , for the project, Central
County Corporation Yard for Public Works Department, Imhoff
Place and Imhoff Drive, Martinez (Authorization No. WH181B) , as
requested by the prime contractor, and in accordance with
Public Contract Code Section 4107. 5.
II. FINANCIAL IMPACT
None.
III. REASONS FOR RECOMMENDATION/BACKGROUND
A. On February 27, 1990, the Board awarded a construction contract
for the subject project to the prime contractor,
Dickman-Nourse, Inc. , Mountain View, California.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE yv
APPROVE OTHER
SIGNATURE(S): pp
ACTION OF BOARD ON 13 J 9 9 U APPROVED AS RECOMMENDED OTHER
The following persons appeared at the public hearing, and after first
being duly sworn, testified under oath in support of the facts
contained in their declarations:
1. Henry- K: Nourse, Dickman Nourse, Inc. , 120 Pioneer t4ay, Mt. View
2. A_rthur.C. Amavil-las, President, A & E. Pavi:na, Inc. ,555 Fontonosa Rd. , San Jose
3. Gerald T. Alves , Eugene ,G. Alves Construction Co. , 557 Alves Ranch: Rd. , Pi ttsburo
Said testimony was heard and fully considered by the Board.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Architectural Division U
cc: Administrator' s Office ATTESTED f�-t�t 13" / 9 F0
County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF
Public Works Dept. (Via A.D. ) SUPERVISORS AND COUNTY ADMINISTRATOR
Dickman-Nourse, Inc. (Via A.D. )
A & E Paving, Inc. (Via A.D. )
Eugene G. Alves Construction Co. , Inc. BY DEPUTY
M382 (t6/88)
(Via A.D. )
1
CENTRAL COUNTY CORPORATION YARD 250-8741/C. 1. 1
FOR PUBLIC WORKS DEPARTMENT,
IMHOFF PLACE & IMHOFF DRIVE, MARTINEZ March 13 , 1990
B. The prime contractor, in a letter dated February 12, 1990,
requested approval to substitute Eugene G. Alves Construction
Co. , Pittsburg, for the earthwork and paving subcontractor
listed in the original bid, A & E Paving, Inc. , San Jose. The
reason given for the requested substitution was inadvertent
clerical error.
C. The General Services Department Architectural Division, in a
letter dated February 12, 1990, notified A & E Paving, Inc. of
the prime contractor' s request for substitution. The
notification gave five working days within which to submit
written objections to the substitution. Failure to file such
written notice would have constituted consent to the proposed
substitution. A & E Paving, Inc. , in a letter dated February
13 , 1990, did object to the substitution.
D. Since A & E Paving, Inc. filed written objections to the
substitution, it is necessary for the Board to conduct a
hearing, as specified in Public Contract Code Section 4107.5.
E. The General Services Department has reviewed declarations and
evidence submitted by the prime contractor, the intended
subcontractor and the subcontractor listed in error, and has
investigated the claims of the parties to determine the
validity of those claims. The Department believes that the
claims made by the prime contractor are valid and recommends
that the Board consent to the requested substitution.
F. The following declarations and evidence, which were submitted _
by the parties have been reviewed and fully considered by the
Board.
1. Dickman-Nourse, Inc. letter of February 20, 1990, with ten
enclosures, including declarations submitted under penalty
of perjury by Henry K. Nourse III and by Gerald T. Alves.
2. A & E Paving, Inc. letters of February 9, 1990, with
enclosures, and February 13 , 1990, and a declaration
submitted under penalty of perjury by Art Amarillas.
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