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6.1A <br /> October 28, 2009 and recently delivered written approval that they will honc?ragfe r <br /> previously submitted bid item prices. The value of the contract with Bay Area Paving <br /> was determined by deducting the amount already paid to Guerra from their original bid. <br /> The resultant amount is the value of the contract with Bay Area Paving, Inc. The City <br /> Council has awarded Bay Area Paving, Inc. prior Utility Trench Repair projects and they <br /> are very familiar with the work required under the contract. In November of 2010, Staff <br /> will evaluate the Utility Trench Repair contract and determine if an extension to the <br /> contract should be brought forward to the Council for their consideration. Bay Area <br /> Paving Inc. has been awarded the Utility Trench Repair project previously and is fully <br /> aware of the scope of the work that the project includes. <br /> ALTERNATIVES <br /> City Council could decide to not accept this partially completed project. The partial work <br /> has been completed to specifications and the contractor has performed well in the <br /> completion of the project. If the City Council accepts the work partially completed to <br /> date, the contractor is due their retention amount. <br /> City Council could decide not to terminate the contract for convenience and direct staff <br /> to continue to work with the contractor. This would likely result in the city having to <br /> evaluate its legal options to enforce the contract; incur costs for legal services and delay <br /> the completion of the work. <br /> City Council could decide not to enter into an agreement with Bay Area Paving, Inc. and <br /> direct staff to solicit new bids for the entire project. Staff does not believe that <br /> significant savings would be gained through re-bidding the project. <br /> FISCAL IMPACT <br /> Funds owed to Guerra Construction Group, inc. for retention were approved by the City <br /> Council in FY 2009-2010 and have been encumbered in the Water Operations and <br /> Wastewater Operations budgets. <br /> Funds for an Agreement with Bay Area Paving, Inc. are available in the 2010-2011 <br /> Water Operations and Wastewater Operations budgets. <br /> (// <br /> Michael Gibbons Evan Boyd <br /> Public Works Superintendent Public Works S- ices Director <br /> Peter Ingram <br /> City Manager <br /> ATTACHMENTS <br /> 1. Guerra Construction Inc. Request for Release from Utility Trench Repair Contract <br /> 2. Bay Area Paving Letter of Agreement to Honor Bid Prices <br /> 3. Agreement with Bay Area Paving, Inc. <br /> RELATED DOCUMENTS IN CITY CLERK'S OFFICE <br /> 1. Original Agreement <br /> 2. Bidding Documents <br />