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HomeMy WebLinkAboutPR 15042: QUALITY CRETE CONSTRUCTION CONTRACT (RESCIND)PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Stephen B. Fitrgibbons, City Manager FROM Ross E. Blackketter, P:E., Director of Public Works SUBJECT P.R. #15042 -Rescind Contract with Quality Crete Construction DATE 22 December 2008 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 15042, rescinding the contract with Quality Crete Construction. BACKGROUND: The City Council awarded a bid on 26 August 2008 to Quality Crete Construction for the construction of sidewalks and handicap ramps for an amount of $40,600. The relationship has not proven to be a beneficial one, with complaints from both parties. Accordingly, the City and Quality Crete Construction have agreed to rescind the contract for a total amount of $25,200. BUDGETARY/FISCAL EFFECT: None. EMPLOYEE/STAFF EFFECT: None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 15042, rescinding the contract with Quality Crete Construction. Ytv,.. Ross E. Blackketter, P.E. Director of Public Works REB/reb Z:\engineer\documents\CAMS\Rescind Husband Agmt.doc PR 15042. 12/22/08 reb RESOLUTION NO. A RESOLUTION RESCINDING THE CONTRACT WITH QUALITY CRETE CONSTRUCTION FOR THE CONSTRUCTION OF SIDEWALKS AND HANDICAP RAMPS. WHEREAS, on August 26, 2008, the City awarded a bid to Quality Crete Construction for the construction of sidewalks and handicap ramps in the amount of $40,600; and, WHEREAS, the City and Quality Crete Construction have agreed to rescind the' contract in return for payments totaling $25,200 for work completed, $15,200 of which has previously been invoiced and paid, leaving $10,000 remaining (see agreement attached as Exhibit "A'~; and, WHEREAS, rescinding. this contract, is herein deemed an appropriate action; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts-and opinions in the preamble are true and correct; and, THAT, the contract with. Quality Crete Construction in the amount of $40,600 for construction of sidewalks and handicap ramps is hereby rescinded, and payment of the remaining $10,000 is hereby authorized; and,. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. PR 15042 Page 2 READ, ADOPTED AND APPROVED this the at a day of A.D. 2008 meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Mayor Attest: City Secretary APPROVED AS TO FORM: City Attorney ~ ptq, APPROVED FOR ADMINISTRATION Stephen B. Fitzgibbons City Manager Ross E. Blackketter, P.E. Director of Public Works APPROVED AS TO AVAILABILITY OF FUNDS: Rebecca. Underhill, CPA Assistant City Manager/Administration Z: \engineer\Documents\Resol utio ns\PR15042 EXHIBIT A AGREEMENT Parties (City of Port Arthur and Quality Crete Construction) mutually agree that the contract awarded to Quality Crete Construction on 26 August 2008 will be rescinded. In addition, this agreement mutually releases both parties from this contractual obligation, contingent-upon City Council approval of rescinding this contract. Quality Crete Construction has no further obligation on the City of Port Arthur in return for a payment of $ /o_~ in addition to the $15,200 that has already been paid. This will bring the total payment to an amount of $ ,2 S. 20 y CITY OF PORT ARTHUR BY: F~ Stephen B. Fitrgibbons City Manager i/lG v~~ ~ ~` J Printed Name: ~/ SUBSCRIBED AND Sy OR o b~fore me by the above named n this the ~~~ day of ~~ 20~. / Notary Public in and for the State of Page 1 of 1 QUALITY CRETE CONSTRUCTION