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Item 6e <br />Approve r~lens end specifications; review of bide end sward of contract for <br />Vineyard Avenue Sanitary Sewer, Bernal Avenue to Clare Lane, Proiect No. <br />032056. (SR 04:258) <br /> <br />Rob Wilson presented the staff report. <br /> <br /> Mayor Pico was not comfortable forcing a contractor to enter into a contract it did <br />not want to perform. Given past experience, he felt this would only create problems for <br />the City. <br /> <br /> Mr. Roush said that is a judgment to be made by Council. Staff was looking at <br />this from the viewpoint of whether the lowest responsible bidder could be relieved of its <br />bid. The estimator considered the additional shoring as the result of an addendum and <br />forgot to add it to the total bid as submitted. The difficulty staff sees, is that this could be <br />a precedent for other bidders to seek future relief from bids. Mr. Roush did not believe <br />there was case law to support this as grounds for relief. Separate from that is the issue <br />raised by the Mayor is the possibility of having a contractor who does not want the job. <br />Staff would then go to the next lowest bidder and seek to recover any damages from the <br />lowest bidder's bid bond. Then is about $163,000 difference between the lowest bid <br />and the next lowest bid. Council could find then are grounds to relieve K. J. Woods of <br />its bid, and then award the contract to McGuire & Hester. <br /> <br />Mayor Pico asked if there was time to re-bid the project? <br /> <br /> Mr. Wilson said that was possible, but the two bidders could not re-bid on the <br />project. The other contractors have seen all the bids and Mr. Wilson did not think the <br />City would get any more favorable bids on the project. <br /> <br />Mayor Pico asked when construction would begin on the project. <br /> <br /> Mr. Wilson responded that construction could start in a month, however, the <br />weather would be a factor. <br /> <br />Mayor Pico asked for clarification of the staff recommendation. <br /> <br /> Mr. Wilson said staff considered re-bidding the project, but did not feel there was <br />anything to be gained by that. <br /> <br /> Mr. Fialho pointed out that staff recommendation is based on a legal analysis by <br />the City Attorney, but this is a judgment call for Council. <br /> <br /> Mayor Pico felt strongly against forcing a contractor to do something it did not <br />want to do. <br /> <br /> Ms. Ayala asked if this Clara Lane project relates to the problems raised by a <br />previous speaker. <br /> <br /> Mr. Wilson said that issue related to the Delco development and was not related <br />to this project. <br /> <br />Pleasanton City Council 10 10/19/04 <br />Minutes <br /> <br /> <br />