File #: 16-0210    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/19/2016 In control: Board of Mayor & Aldermen
On agenda: 3/22/2016 Final action: 3/22/2016
Title: Consideration of Resolution 2016-13, a Resolution terminating COF Contract No. 2015-0377 with Charlie Irwin Painting. (03-09-16 WS)
Sponsors: Lisa Clayton
Attachments: 1. 2016-13 RES for Termination of COF Contract 2015-0377 with Charlie Irwin Paintinglrc 322016

 

DATE:                                                               February 25, 2016

 

TO:                                          Board of Mayor and Aldermen

 

FROM:                                          Eric Stuckey, City Administrator

                                          Vernon Gerth, ACA Community and Economic Development

                                          Lisa Clayton, Parks Director

                                          Brian Wilcox, Purchasing Manager

                     

                                          

SUBJECT:                                          

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Consideration of Resolution 2016-13, a Resolution terminating COF Contract No. 2015-0377 with Charlie Irwin Painting. (03-09-16 WS)

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Purpose

The purpose of this memorandum is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning the right to exercise the termination clause within the procurement agreement of COF Contract No. 2015-0377 with Charlie Irwin Painting.

 

Background

On January 4, 2016, the City awarded Charlie Irwin Painting a bid award for improvements to the shelter at Bicentennial Park.  The shelter was to be sandblasted and painted by the end of May 2016.  During the same time bidding of the painting of the shelter was in process, a structural analysis was being completed for the shelter to house a dry fire suppression system, electrical and plumbing requirement for occupancy. 

 

It is recommended that further design services be required and the bid cannot be met as well as some scope changes may occur.  Therefore, the City is exercising the right to use the “termination” clause within the procurement agreement signed by all parties in January.  The termination clause states that “unless the City indicated otherwise for a specific procurement solicitation, either party may terminate these Standard Procurement Terms and Conditions, with or without cause, upon thirty (30) calendar days; notice to the other.”

 

The Parks Department has made personal contact with the vendor to explain the circumstances.  Both parties are in agreement of exercising the termination clause within the current contract.   This action should not be seen as a negative reflection upon the vendor but unforeseen circumstances the City Parks Department encountered during the project.

 

Financial Impact

The original bid was for a total lump sum of $78, 836.

 

Recommendation

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Staff recommends the City exercise the right to use the termination clause within the procurement agreement of COF Contract No. 2015-0377 giving the City Administrator the authority to do so in writing to the vendor.