DATE: December 4, 2018
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Request for Approval to Substitute a Fowler Avenue Shoulder Improvement Project Subcontractor
RECOMMENDED ACTION:
TITLE
Approve the substitution of Dust Control Etc., Inc. with Talley Oil Inc., for a portion of the oil spreading associated with Contract No. 17-09-C, Fowler Avenue Shoulder Improvements.
REPORT
Approval of the recommended action would allow substitution of a subcontractor for the Fowler Avenue Shoulder Improvements project. The request is made in accordance with Section 4107(a)(3) of the Public Contract Code (PCC), as the subcontractor, Talley Oil Inc. (Talley), originally listed on the bid proposal advised the prime contractor, AJ Excavation (AJ) that he was unable to perform the work for a portion of the project. This item pertains to a location in District 4.
ALTERNATIVE ACTION:
The project has been completed and the subcontractor's work has already been performed. Your Board may assess the prime contractor a penalty of up to 10% of the subcontract amount in accordance with Section 4110(2) of the PCC.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The contract amount for the project will not change. If your Board determines that a penalty should be assessed due to the subcontractor substitution, it would be withheld from remaining funds due to the prime contractor paid out of the Department of Public Works and Planning - Roads Org 4510. The maximum penalty, if one were to be assessed, would be 10% of the work done by the substituted subcontractor, $4,680.92.
DISCUSSION:
On April 3, 2018, your Board awarded Contract No. 17-09-C to AJ for the construction of the Fowler Avenue Shoulder Improvement project for $4,542,752. The bid documents submitted by AJ's listed Talley as a subcontractor for oil spreading. Talley performed some work on the proj...
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