HomeMy WebLinkAboutMINUTES - 06211994 - 1.84 250-8814/C. 1 . 1
TO: BOARD OF SUPERVISORS _ SE Contra
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES
Costa
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DATE: °srd---�4
JUNE 21, 1994 `°°"
SUBJECT: CONSENT TO THE SUBSTITUTION OF A SUBCONTRACTOR FOR LANDSCAPING
AT GENERAL SERVICES DEPARTMENT SERVICE CENTER, 2467 WATERBIRD
WAY, MARTINEZ (AUTHORIZATION NO. WH380B)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION .
I . RECOMMENDATION
ADOPT the recommendation of the Director of General Services to
consent to the substitution of RMT Landscape Contractors, Inc. ,
San Leandro, for Vic Sotto Inc. , Milpitas,. the landscaping
subcontractor listed in the bid proposal by the prime contractor,
West Bay Builders, Inc. , for the project, General Services
Department Service Center, 2467 Waterbird Way, Martinez
(Authorization No. WH380B) , as requested by the prime contractor,
and in accordance with Public Contract Code Sections 4107, 4107 .5
and 4114 .
II. FINANCIAL IMPACT
None.
III . REASONS FOR RECOMMENDATION/BACKGROUND
A. On April 19, 1994 , the Board awarded a construction contract
for the subject project to the prime contractor, West Bay
Builders, Inc. , San Rafael, California.
B. The prime contractor, in a letter dated April 4, 19941,
requested approval to substitute RMT Landscape Contractors,
Inc. , San Leandro, for Vic Sotto, Inc. , Milpitas, the
landscaping subcontractor . listed in the original bid. The
reason given for the requested substitution was inadvertent
clerical error.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 11994 APPROVED AS RECOMMENDED OTHER
VOTE OF UPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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.
Contact: Barton Gilbert (313-7100)
ccArchitectural Division ATTESTED :JUN 211994
Administrator's Office PHIL BATCHELOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
RMT. Landscape Contractors, Inc. (Via A/D)
Vic Sotto, Inca (Via A/D)
West Bay Builders, Inc. (Via A/D) BY ju. DEPUTY
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GENERAL SERVICES DEPARTMENT SERVICE 250-8814/C. 1 . 1
CENTER, 2471 WATERBIRD WAY, MARTINEZ June 21, 1994
C. Vic Sotto, Inc. , in a letter dated April 8, 1994 , filed written
objections to the substitution.
D. On June 1, 1994 the General Services Department sent written
notice to all parties, notifying them that a public hearing
would be held on June 15, 1994 at the Architectural Division
conference room, to hear testimony relating to the claim of
inadvertent clerical error and request for substitution of
subcontractor, in accordance with Public Contract Code Sections
4107, 4107 .5 and 4114 .
E. In awarding the Contract to the prime contractor, the Board
delegated its functions under Sections 4107 and 4110 of the
Public Contract Code to the Director of General Services .
Consequently, the Director conducted the hearing, which was
attended by representatives of the prime contractor, Paul
Thompson and Leland Jones . No representatives of the listed or
intended subcontractors appeared, although they had been
notified of the hearing. Mr. Thompson provided testimony under
oath and was questioned by the Director of General Services and
his Architectural Division staff.
F. In addition to conducting the hearing, the Director of General
Services has reviewed affidavits and evidence submitted by the
prime contractor, the intended subcontractor and the
subcontractor listed in error, to determine the validity of the
prime contractor' s claim of inadvertent clerical error. The
Director of General Services believes the claims made by the
prime contractor are valid and recommends that the Board
consent to the requested substitution.
25014B06 . 15A
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