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HEARING - Department of Transportation recommending the Board consider the following pertaining to the Bassi Road at Granite Creek Bridge Replacement Project, CIP 77128/36105001, Contract 2777:
1) Reject the subcontractor substitution protest filed by Willis Rebar, Inc.; and
2) Approve Steelhead Constructors, Inc.’s request for substitution of subcontractor, Willis Rebar, Inc. (Est. Time: 30 Min.)
FUNDING: N/A
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DISCUSSION / BACKGROUND
California Public Contract Code section 4100 et seq., Subletting and Subcontracting Fair Practices Act, requires bidders on a public works project to list all subcontractors that will be performing work in excess of 0.5% of the total bid or ten thousand dollars ($10,000), whichever is greater (Public Contract Code § 4104). Once a subcontractor is listed, the prime contractor can only substitute subcontractors with the consent of the awarding authority and only in certain statutorily-enumerated situations. One such situation is when the awarding authority finds that “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” (Public Contract Code § 4107(a)(7)).
The Bassi Road at Granite Creek Bridge Replacement Project (Project) was awarded by the Board on March 19, 2019, Item 15, Legistar 19-0276, and Notice to Proceed for the Project was issued for May 13, 2019. There are 120 contract working days for the Project. The Project is currently 73% complete with no working days remaining. All aspects of the Project have been successful except for ongoing schedule impacts by the rebar subcontractor, Willis Rebar, Inc. (WRI). At least two (2) months of delays are attributed to WRI for providing incorrect materials, insufficient crews to meet schedule, and refusal to provide crews to meet schedule. As a result, the prime contractor, Steelhe...
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