HomeMy WebLinkAboutMINUTES - 06231998 - C130 TO: BOARD OF SUPERVISORS 135-9417/B.4.4
FROM: BARTON J. GILBERT,DIRECTOR.OF GENERAL SERVICES Contra
DATE: JUNE 23, 1998Costa
SUBJECT: CONSENT TO SUBCONTRACTOR SUBSTITUTION FOR �` .'`+ County
UNDERGROUND UTILITIES WORK AT NORTH RICHMOND CENTER
FOR HEALTH, CHELEY AVE. AND THIRD ST. (AUTHORIZATION
NO.WH528B) R_
SPECIFIC REQUESTS OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. R. C MMEND TON
ADOPT the recommendation of the Director of General Services to consent to the substitution of firms as listed
below in place of Michael. Plumbing, Inc. for underground utilities work on the North Richmond Center for
Health,Chesley Avenue and Third Street, as requested by the prime bidder,in accordance with Public Contract
Code Sections 4107 and 4114.
II. EINANCIAL IMPACT
None
III. ASQNS FOR RECOM NDATACMifflLm
A. On December 9, 1997,the Director of General Services opened bids for the subject project and on December
16, 1997 the Board awarded the contract to Clearview Construction, Inc. ("Clearview") of Rocklin, the
apparent lowest responsive and responsible bidder.
B. Clearview included in.its bid a list of subcontractors as required by Public Contract Code Section 4104. The
listed subcontractor for underground utilities was Michael Plumbing,Inc. ("Michael")of Lincoln.
C. Clearview, in a letter dated April 13, 1998,notified the County that Michael had not responded to
numerous telephone calls and a fax,nor had they returned a subcontract sent to them on December 19,
1997. Clearview requested approval to substitute themselves and other subcontractors for performance
of the underground utilities work..
CONTINUED ON ATTACHMENT:_' YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): Ygk6i-� iom�
ACTION OF BOARD ON JUN 2 a3-1998 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
4 UNANIMOUS(ABSENT I I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
CC: County Administrator's Office OF SUPERVISORS ON cTHE DATE SHOWN,
MEDIPP90WJW .1s@ARTON J.GILBERT(313-7100) ATTESTED JUN
General Services Department
Architectural Division PHIL BATCHELOR,CLERK OF THE BOARD OF
File: 135-9417/A.5 SUPERVISORS AND COUNTY ADMINISTRATOR
Health Services Dept.(Via A.D.)
Clearview Construction Inc.(Via A.D.)
Michael Plumbing,Inc.(Via A.D.) BY ,DEPUTY
�.
H:\1994\1359417\4I017162.WPO GB:ls(6110/99) Page 1 of 3 M382 (10/88)
NORTH RICHMOND CENTER FOR HEALTH 135-9417/8.4.4
CHESLEY AVE. AND THIRD ST. June 23, 1998
D. According to California Public Contract Code, Section 4107, the awarding authority, or its duly
authorized officer,may consent to the substitution of another person as a subcontractor, "When the
subcontractor listed in the bid after having had a reasonable opportunity to do so fails or refuses to
execute a written contract, when that written contract, based upon the general terms, conditions,
plans and specifications for the project involved or the terms of that subcontractor's written bid, is
presented to the subcontractor by the prime contractor."
E. On April 20, 1998,the County sent written notice, as prescribed by Public Contract Code Section
4107, to Michael informing them of Clearview's substitution request.
F. Michael, in a letter dated April 29, 1998, filed written objection to the requested substitution.
Consequently,in accordance with the authority previously delegated by the Board, the Director of
General Services conducted a hearing on May 21, 1998 at 3:40 p.m.to consider Clearview's request
Notices were issued and the hearing was conducted in accordance with Public Contract Code Section
4107. The hearing was attended by:
1. Representative of Clearview, the prime contractor:
Robert L. Kendall, President
2. Representative of Michael, the listed underground utilities subcontractor:
Maurice G. Michael,President
3. Representatives of the County:
Barton J. Gilbert, Director of General Services
Robert D. Hill, General Services Supervising Architect
Gerald Bender, General Services Senior Architect
G. After reviewing the correspondence and conducting the hearing, the Director of General Services
recommends that the Board consent to the substitution of others, as listed below, in place of the
listed subcontractor(Michael) for underground utilities work for the following reasons:
1. The contract was awarded to the prime contractor on December 16, 1997. On December 19,
1997 the prime contractor mailed a subcontract to the listed subcontractor for signature. After
not receiving the signed subcontract back from the listed subcontractor and getting no responses
to telephone messages and facsimiles, on February 23, 1998 the prime contractor sent a letter<
to the listed subcontractor informing him that he intended to subcontract the work to someone
else. The listed subcontractor did not respond until the County,on April 20, 1978 sent the listed
subcontractor written notice, by certified mail, as required by Public Contract Code Section
4107, of the prime contractor's request to replace the listed subcontractor.
2. The listed subcontractor failed to return the subcontract to the prime contractor. The listed
subcontractor said he had signed the subcontract and mailed it to the prime contractor.
However,he presented no evidence to support his statement such as copies of a transmittal or
copies of the subcontract.
3. The listed subcontractor failed to respond to the prime contractor's telephone calls and facsimile
messages regarding the situation.
4. During the hearing,the listed subcontractor offered no explanation for why he did not respond
to the prime contractor's telephone calls or facsimile messages.
Page 2 of 3
NORTH RICHMOND CENTER FOR HEALTH 135-9417/B.4.4
CHESLEY AVE. AND THIRD ST. June 23, 1998
H. The prime contractor intends to substitute the following in place of the listed underground utilities work
subcontractor:
Item of Work Subcontractor
Sanitary Sewer Connection Bill's Underground
Domestic Water Service Terry Polk Plumbing(listed plumbing subcontractor)
Fire Protection Water Service Keene Fire Protection(listed fire sprinkler subcontractor)
Misc. Site Drains and D.S. Leaders Clearview Construction, Inc. (prime contractor)
I. Pursuant to Public Contract Code Section 4114, the Board may adopt this recommendation or may set
the matter for a new hearing before the Board.
HAI 994\1359417\41017162.WPD
GBAs 6/10/98
Page 3 of 3