REPORT TO THE CITY COUNCIL
December 1, 2016
FROM: THOMAS C. ESQUEDA, Director
Department of Public Utilities
THROUGH: MICHAEL CARBAJAL, Planning Manager
Department of Public Utilities - Water Division
BY: MARTIN WENDELS, Project Manager
Department of Public Utilities
SUBJECT
Title
Approve a substitution of listed subcontractor for the Kings River Pipeline Project - BID File 3433
Body
RECOMMENDATIONS
Staff recommends that City Council approve the request from Garney Construction, to substitute Pacific Structures, Inc., and utilize Agee Construction Corporation to perform concrete work at the Kings River Pipeline Diversion Structure.
EXECUTIVE SUMMARY
Garney Construction, the General Contractor who was awarded the referenced project has requested to substitute Pacific Structures who is listed in the bid documents as the subcontractor for specified concrete work at the Diversion Structure. In accordance with the bid documents, Garney Construction listed Pacific Structures for the Diversion Structure concrete portion of the project because the work exceeds one-half of one percent of the total contract amount. Garney Construction notified the City by a letter dated August 8, 2016, that their Diversion Structure Subcontractor, Pacific Structures, after having reasonable opportunity to do so, has failed or refused to execute a written subcontract. Garney Construction is asking that they be allowed to use Agee Construction to perform the Diversion Structure portion of the project. This action requires Council approval because Public Contract Code Section 4107 requires consent of the awarding authority to a request by a prime contractor for a substitution of a subcontractor.
BACKGROUND
On April 28, 2016 Council awarded a construction contract in the amount of $45,583,750.00 to Garney Pacific Inc. for the City of Fresno Kings River Pipeline Project; the Notice to Proceed has been issued with a start date of June 27, 2016.
In the original propos...
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