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�. Ic- 2 <br /> The contractor was unable to schedule the remainder of the work to staffs satisfaction. <br /> The Public Works Services Director terminated the contract prior to completion. The <br /> termination letter stated that priar to CC Corp receiving award of any future bids they will <br /> have to clearly demonstrate to the City their ability to perform the work. This termination is <br /> grounds for rejecting a future bid. <br /> C�: Corp has completed the work thzt they did perform to City specifications and staff <br /> rea,mmends accepting the improvemer �ts. There is a one-year guarantee on the concrete <br /> improvements written into the contract ayreement. <br /> Alternatives <br /> (1) Do not to accept the project and do not release the retention. Staff believes that all <br /> known requests for punch list items have been corrected. The work should be <br /> accepted. The contractor is due his retention for this project. <br /> (2) Pursue legal action and bonds for the incomplete work (i.e. the 14.3% of the work that <br /> never was started). Staff recommends not pursuing this option at this time. This <br /> action would require time and funds that are not reasonably justified by the amount of <br /> incomplete work. <br /> Fiscal Impact <br /> Adequate funds are available and have been encumbered in the Capital Improvement <br /> Program (CIP), Tree Preservation and Sidewalk Repair funding to cover the release of <br /> retention. The 2003-2004 balance of funds will be rolled into the 2004-2005 Cost Shared <br /> Sidewalk Repair Project, contingent upon City Council approval of Fiscal Year 2004/2005 <br /> C.I.P. <br /> /t�.1N� <br /> G� r n Mann Peter Ingram Ed Everett <br /> Public Works Superintendent Pubiic Works S rvices Director Cily Manager <br /> Attachments: None <br /> Page 2 of 2 <br /> GM/word/council report/sitlewalW02-03cssweccept <br />