DATE:
March 4, 2026
07
TO:
Board of Supervisors
SUBJECT
Title
AUTHORIZE SUBCONTRACTOR SUBSTITUTION FOR THE CALAVO PARK PROJECT (DISTRICT: 4)
Body
OVERVIEW
This Board Letter provides the results of a subcontractor substitution hearing convened to determine whether De la Fuente Construction (DLF), the prime contractor for the Calavo Park project under Contract No. 571951, has demonstrated adequate grounds to substitute Johnston Tractor, Inc. for the current subcontractor to carry out necessary grading work as part of the project and asks the Board to adopt the Hearing Officer's recommendation. The Hearing Officer found DLF has adequate grounds to affect the substitution. The Board of Supervisors (Board) may (1) ratify the Hearing Officer's determination and allow the substitution to proceed or (2) order a new hearing to consider the matter.
Under Public Contract Code (PCC) section 4107, when a prime contractor desires to substitute a new subcontractor to complete work initially assigned to a different subcontractor, the prime contractor must first seek the County's consent. The County is then required to inform the existing subcontractor of the request and, if the existing subcontractor objects, the County must hold a hearing to determine whether substantial evidence supports authorizing the substitution based on the criteria enumerated in PCC section 4107. After hearing evidence from both parties, the Hearing Officer makes a recommendation. Under PCC section 4114, the Board then has the option of ratifying the Hearing Officer's recommendation or ordering a new hearing to consider the matter.
The Department of Parks and Recreation informed the current subcontractor of DLF's request to substitute Johnston Tractor, Inc. for the current subcontractor on January 30, 2026. The current subcontractor objected to the substitution on February 5, 2026. A hearing on the matter was held on February 25, 2026. In Attachment A the Hearing Officer found, based ...
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