Publjc Worksagency Ronaldc. Coons Direclor

There is no formal pre-qualification process for constructioncontracts. However,the PWAdoes checkto see thatthe apparent lowbid contractorhas the required license forthe work specified, thatit is not on a Statelisting ofdebarred contractorsandthatthebid bond meetsthe criteria and standards specified inthe contract I documents. PWAResponse: Concur. Priorto contractaward,PWAfurther reviews each contractor'sbid for potential mistakes in bidding.

Dueto Contractordeficiencies, a split ofinspectionresponsibilities betweentheDivision ofthe State Architect (DSA) and thePWABuildingInspector and the voluntary default ofthe Contractor, constructionhas been delayed for than more a year and is notyet completed. PWAResponse: Conaur part. The split ofinspectionresponsibilities, in whilenovel andthe source of some redundancybetweenthetwo inspector's duties, had littleto do with constructiondelays.

CoordinationbetweentheDSl represented by employee ofOPUSD, an and the CountyBuilding Inspector, employee ofthe PWl continuous. an was PWAResponse: Concur.

TheField Act, amongotherthings, provides for mandatorypre- constructionapproval by theDSAofplansfor constructionof any schoolbuildingto assure thatthe plans conformto State seismic standards. PWAResponse: Conelir. F-S. TheDSA approvedthe architect'splans forthe libraryproject meeting as all Staterequirementsforthattype ofcanstructionincludingthe Field Act. PWAResponse: Concur.

ThePWAgenerally kept adequate records and did not permit deviations ftom plans without written approval. However, whenthePWAapproved the af use a thru boltto arpport a ledger in one lacation, this single approval was used for all locationsreailting thru bolts exposed the e)rterior ofthebuilding. in on PWAResponse: Conair part. Structural EngineerofRecord(SEOR) in approval obtained in each instance which DSANotice ofNon-compliance was in a VINC) issued for thruboltinstallation. After SEOR approval of particularthru- was a a bolt installation obtained and it understoodbythe DSAInspectorofRecord was was (IOR) thatthe approval typical for installationswiththe equivalent configuration) the was DSAIOR issued additionalNCN's forthetypicalthru-bolt installationsinvolved. no Erteriorbolt heads currently exposed on the erteriorCMUwallswill be covered by the building's2-1/2 inchthick e)rterior insulationand finish system notyet installed as ofthe dateofthis report.

The Contractorfailedto designate in its bid its masonry subcontractorand could not dotheworkitself as required by law and, therefore, faced a severe penalty for late designationof a subcontractor;whichpenalty could not legallybewaived under these circumstances PWAResponse: Concur in part. The Contractordid not designate a masonry subcontractor in its bid. There wasno indication in the submissionsrequired of biddersthatit was not capable and prepared to performthe masonry workitself. After contract award, the Contractormade no writtenrequest for subcontractorstibstitution for its self-performanceof masonry work. IftheContractorhad substituted an unlisted subcontractorforthe masonry work after awardofthe contract, the Contractorwouldbe subject tothepenahies providedby Section4110 ofthePublic Contract Code.

ThePWA andthebonding company are in the process ofsubstituting a replacement conlractorforthe Contractor. PWAResponse: Concur.

The OPUSD perceived that it was not keptinformed on a timelybasis of the detailed ofconstruction. progress PWAResponse: Concur part. OPUSD maintainedtheirDSA inspector in on-site, OPUSDrepresentatives were invited to all significantPWA site meetings, and OPUSD representatives received copies ofall significantPWAPro3ect documentation, correspondeirceand meeting minutes. Complete informationregardingthe detailed pro&ress ofconstruction depended, in part, on informationprovided by the Contractor. In thatregar4 OPUSD wasnot ahvays keptinformed on a timely basis in the sameway the PWA was notkept informedbythe Contractor. Conalusions: C-1. Because ofthe failureto fully veriy the Contractor's capabilities(pre- qualification), a contractorthatcould not performthe work was selected forthejob (F-1) PWAResponse: Disagree. Althoughprequalification have helped in may this case, is not a fail-safe system. PWAperformed due diligence by ensuringthe contractor was properly licensed, properly bonded forthe work on theproject, and not on a statelisting ofdebarred contractors. The Contractorultimately defauhed because it was financiallyunableto completethework. C-2. There continuingIong delays the construction ofthe OakPark are in PublicLibrary (F-2) PWAResponse: Concur. C-3. Constructionofschoof buildings the Countywould be facilitatedby in PWA's qualification to act as the DSAinspection authority(F-2) PWAResponse: Concur. C-4. Therequirementofthe Field Act for pre-constructionapproval ofplans for OakParklliblicLibrary accomplished in accordancewith Statelaw (F-5). was PWAResponse: Concur. C-S. ThePWA acted responsibly and competently its administrationofthe in OakParkPublicLibrary construction contract (F-8) PWAResponse: Concur. C-6. ThePWA should tighten its supervision ofcontractor peformancerelative to yanted plan deviations. Failureto dothis contributedtothe perceptionthat`cthe Corrtractorcut corners and failedto follow approved plans" PWAResponse: Concur in part. In some instances the Contractorfailedto followthe approved plans. Webelieve all deviations identifiedbythe inspectors were and appropriateactiontaken. All structural deviations eitherprovidedby were or approved by the StructuralEngineerofRecard. In perceptionsofthe some cases, Contractorfailingto follow approvedplans may have resulted ftomthe Contractorusing unusual means and methodsofconstrurtionto meetthe contract requirements. C-7. ThePWAdid not refse to fire the Contractorand reprocure despite failures performance(F-8). in PWAResponse: Concur. PWAissued manywaming letterstothe Contractorand the project Surety regardingthe Contractor'sperformanceand, immediately priortothe Contractor'svoluntary default, advisedthe Contractorthatit would exercise its rightsunderthe default clause ofthe contract. In effect, the Contractor resigned befare it fired was C-8. ThePWAshould have been diligent in the timely sharing of more constructionstatus reportswiththe OPUSD and OPUSD shouldhavebeen more assertive in gathering status infonnation on the project (F-10) PWAResponse: Concur part. PWA sharedwith OPUSD all significant in construction statusinformation available to it. However, the detailed reporting on the proyess ofconstructiondepended, inpart, on informationavailableonly fromthe Contractor. The Contractor was not always diligent inproviding such information. Recomm dations: en