HomeMy WebLinkAbout09.a. Authorize subsitution of subcontractor, DP 8208Central Contra Costa Sanitary District
' BOARD OF DIRECTORS .Q.
POSITION PAPER
Board Meeting Date: August 4, 2011
subject: AUTHORIZE THE GENERAL MANAGER TO APPROVE, IF NECESSARY,
THE SUBSTITUTION OF JOSEPH BROTHERS ENTERPRISE, INC., THE LISTED
SUBCONTRACTOR FOR THE DRYWALL INSTALLATION AND FINISH ON THE
CSOD ADMINISTRATION, CREW, AND WAREHOUSE FACILITY,
DISTRICT PROJECT 8208
Submitted By: Initiating Dept. /Div.:
Alex Rozul, Provisional Capital Projects Engineering /Capital Projects
Division Manager
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
a,�-
A. Rozul A. Farrell K- James M. elly
General nager
ISSUE: Bobo Construction Inc., general contractor, is considering substitution of a
subcontractor listed on its bid for the CSOD Administration, Crew, and Warehouse
Facility, District Project 8208. Board of Directors' authorization is required for the
substitution.
RECOMMENDATION: Authorize the General Manager to approve substitution of the
drywall subcontractor on the CSOD Administration, Crew, and Warehouse Facility,
DP 8208.
FINANCIAL IMPACTS: The proposed substitution will not result in any additional cost
to the District.
ALTERNATIVES /CONSIDERATIONS: Under California Public Contract Code,
Section 4107, substitution of a listed subcontractor is permitted when the work
performed by the listed subcontractor is substantially unsatisfactory and not in
substantial accordance with the plans and specifications, or that the subcontractor is
substantially delaying or disrupting the progress of the work. The awarding authority or
its duly authorized officer must consent to the subcontractor substitution to effect the
change. As an alternative the Board could hold a special Board meeting to consider
this matter, if necessary.
BACKGROUND: Bobo Construction, Inc. (BCI) listed Joseph Brothers Enterprise, Inc.
(JBEI) as their subcontractor for the drywall installation and finishing on its bid proposal
to the District for the CSOD Administration, Crew, and Warehouse Facility Project,
DP 8208. JBEI has been unable to complete the Level 5 finish required on the drywall.
This type of finish is common in.commercial /industrial construction. In addition, JBEI is
approximately four weeks behind schedule with their work on the project critical path.
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POSITION PAPER
Board Meeting Date: August 4, 2011
subject: AUTHORIZE THE GENERAL MANAGER TO APPROVE, IF NECESSARY,
THE SUBSTITUTION OF JOSEPH BROTHERS ENTERPRISE, INC., THE LISTED
SUBCONTRACTOR FOR THE DRYWALL INSTALLATION AND FINISH ON THE
CSOD ADMINISTRATION, CREW, AND WAREHOUSE FACILITY,
DISTRICT PROJECT 8208
The delay in completing the drywall finish is setting back construction of subsequent
work by other subcontractors. To attempt to get back on schedule and complete an
acceptable Level 5 finish, BCI brought on another drywall subcontractor to augment
JBEI. However, their efforts have been unsuccessful.
On July 22, 2011, BCI informed JBEI that the quality of their drywall finish is still
substantially unsatisfactory, and that JBEI has until August 4, 2011 to satisfactorily
complete their work. JBEI has filed a Stop Notice on the job. The value of the JBEI
work is $418,775 or approximately 5% of the contract value of $8,455,000. Under these
circumstances, Bobo Construction, Inc. may seek Board approval to substitute JBEI to
complete the drywall finish.
Under California Public Contract Code, Section 4107, substitution of a listed
subcontractor is permitted only in certain situations, including situations where the
subcontractor performs the work substantially unsatisfactorily.
District staff will continue to work to resolve this situation. However, because there is
only one Board meeting in August, we are requesting General Manager authority to
approve a substitution should this become necessary before the next Board meeting.
RECOMMENDED BOARD ACTION: Authorize the General Manager to approve, if
necessary, substitution of the listed subcontractor, Joseph Brothers Enterprise, Inc.,
with a different subcontractor, to complete the drywall work for the CSOD
Administration, Crew, and Warehouse Facility, District Project 8208.
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